Article II General Regulations

One outside shower unit of typical design and no greater than 32 square feet shall be exempt from the lot coverage provisions of the zone in which the lot is situate.

§ 205-6 Vision clearance on corner lots.

All accessory outdoor kitchen structures shall not exceed a maximum of 3% of the total lot area on which the structure is located.

[Amended 9-18-2009 by Ord. No. 09-15C]

In any district in the Township of Long Beach, any corner lot, as that term is defined in this chapter, shall maintain a site triangle established by determining the point 25 feet removed from the point of intersection of the two lines constituting the streets or easements which intersect to form the corner lot and connecting those two points with a straight line. In the corner site triangle no fence, sign or other structure, planting or other obstruction to vision higher than two feet six inches above the established grade at the center line of the intersecting street, streets, easement or easements shall be erected, placed, permitted or maintained.

§ 205-7 Public rights-of-way.

[Added 12-16-1994 by Ord. No. 94-44C; amended 8-3-2004 by Ord. No. 04-17C; 3-6-2017 by Ord. No. 17-06C; 3-4-2024 by Ord. No. 24-05C]

Except as otherwise provided in this chapter, the following regulations shall apply to all public rights-of-way and dedicated streets in the Township:

No structure of any kind shall be erected, placed, or maintained within any public right-of-way, easement, or dedicated street.

Except as otherwise provided in Subsection B(2), no trash bins, garbage bins and the like shall be located or placed within any portion of any public right-of-way, easement, or dedicated street.

No planting or vegetation shall be maintained in such manner that the same shall overgrow or intrude upon or over the paved portion of any public right-of-way, easement, or dedicated street.

No vegetation shall be planted or maintained which obstructs any part of any directional sign or traffic sign along any public right-of-way, easement, or dedicated street.

Property owners shall trim and maintain all vegetation so that it will not obscure or obstruct the vision line of any portion of any directional sign or traffic sign from the right-of-way or street and shall further trim and maintain all vegetation so that it neither intrudes upon or over the paved portion of any public right-of-way, easement, or dedicated street. The term "paved portion" shall include any improved sidewalk area abutting or adjacent to any such public right-of-way or public street.

Permitted use of public right-of-way between paved area of public right-of-way and an abutting owner's property line.

In that portion of the public right-of-way extending five feet from the edge of the impervious pavement toward the abutting owner's property line, no obstructions may be placed and that area shall remain clear and unobstructed. The only improvements which may be installed at the owner's desire are as follows:

Curbs and sidewalks installed to meet with the specifications required in §§ 172-17, 172-18, 172-19 and 172-20.

Grass.

Stones or gravel.

Pavers, bricks or anything else which is flat and provides no impediment to pedestrian passage.

In that area of the public right-of-way extending a distance of 10 feet perpendicular to the abutting owner's property line, the following may be installed:

Ground cover not over 12 inches high.

Shade trees which are located a minimum of 10 feet from the exterior face of the curbline and no more than five feet from the owner's property line toward the impervious improved street coverage which shade trees shall clear the elevation of the sidewalk by not less than eight feet.

Trash bins not exceeding 32 inches in height.

Permitted use of public right-of-way between paved area of public right-of-way and mean high water line of any bay abutting westerly shore of Long Beach Island.

In that portion of the public right-of-way extending from the westerly end of any paved portion of the public right-of-way to the mean high water line of any body of water fronting on the westerly sideline of Long Beach Township, the storage or placement of any boat, vessel or other watercraft of any sort, kind or description without the owner being in attendance thereof and present shall be prohibited, and no vessel, boat or other watercraft shall be left unattended in such public right-of-way.

§ 205-8.1 Regulations permitting and prohibiting the parking of commercial vehicles and commercial equipment in residential zones.

The owner of any boat, vessel or other watercraft left unattended in such public right-of-way shall be punished in accordance with and as provided for in Chapter 1, General Provisions, § 1-17.

§ 205-8 Off-street parking lots.

[Amended 10-6-2000 by Ord. No. 00-12C]

All off-street parking areas shall be surfaced with either gravel or paved with asphalt or concrete. All commercial parking areas shall be paved with porous pavement meeting New Jersey Department of Transportation (DOT) specifications and approved by the Township Engineer and properly lined so as to designate the parking spaces and shall have adequate lighting for the entire parking area. All parking areas, commercial or residential, shall be designed with parking patterns to permit ready and adequate ingress and egress to each parking space in accordance with sound traffic engineering design standards.

[Added 4-6-2001 by Ord. No. 01-2C]

It shall be unlawful for any person to garage or park any of the hereinafter defined commercial vehicles or commercial equipment on any residential property or any public street within a residential zone in the Township of Long Beach, except in accordance with the provisions of this chapter.

No more than one commercial vehicle with a gross weight not exceeding two tons, with two axles, owned and used by a resident of the premises may be garaged or parked on any residential property or any public street within a residential zone in the Township of Long Beach. All commercial vehicles in excess of two tons gross weight shall be parked in commercial parking lots only.

No commercial equipment as hereinafter described shall be parked on any residential property or any public street within a residential zone in the Township of Long Beach. All said equipment shall be parked in commercial lots only.

Commercial vehicles and commercial equipment shall be permitted to be on site for active and ongoing construction purposes authorized by the required zoning and construction permits only and shall be removed from a site in accordance with the following.

[Amended 9-14-2020 by Ord. No. 20-21C]

All commercial vehicles and commercial equipment shall be immediately removed from the site if the required permits have not been issued, expire, or otherwise become invalid.

All commercial vehicles and commercial equipment shall be immediately removed from the site if construction activity is suspended or if the site is abandoned for a period of 30 days or more.

§ 205-8.2 Temporary construction and furniture storage trailers.

All commercial vehicles and commercial equipment shall be immediately removed from the site once all work has been completed and prior to and as a condition of the issuance of a certificate of approval or certificate of occupancy.

[Added 7-5-2002 by Ord. No. 02-08C]

One temporary construction trailer and one furniture storage trailer are permitted on a construction site beginning with the issuance of a building permit. Construction trailers must be removed before a certificate of occupancy shall be issued. Trailers storing the homeowners furniture during renovations/construction must be removed within 14 days of the issuance of the certificate of occupancy. Such temporary construction trailers and temporary furniture storage trailers shall, wherever practical, be located on the property upon which construction or renovations are being conducted. They may only be parked in the street in front of the construction site when there is no other practical location on the property to park it, subject to the approval of the Chief of Police who shall in giving approval give due consideration as to traffic, fire and emergency vehicle access to the subject property and surrounding properties. Such trailers shall not be permitted to be located on any public street between June 1 and September 15 of any year.

§ 205-9 Annexed lands.

Any land which shall be henceforth included within the jurisdictional limits of the Township shall be subject to the regulations which pertain to the R-10 Zone. The Planning Board shall then study the newly acquired land and make recommendations to the governing body as to the zoning classification of the land.

§ 205-10 Height limits.

[Amended 1-2-1987 by Ord. No. 87-3C; 3-16-1990 by Ord. No. 90-9C; 9-19-1997 by Ord. No. 97-18C; 6-19-1998 by Ord. No. 98-16C; 1-22-1999 by Ord. No. 99-5C; 10-8-1999 by Ord. No. 99-28C; 12-17-1999 by Ord. No. 99-30C; 10-6-2000 by Ord. No. 00-12C; 7-22-2005 by Ord. No. 05-18C; 4-23-2010 by Ord. No. 10-10C]

The following shall apply:

In all AE Zones and AO Zones as shown on the current FEMA Flood Insurance Rate Map, the FIRM, no building shall be erected or enlarged which shall exceed 34 feet in height.

[Amended 1-18-2013 by Ord. No. 12-32C; 3-22-2013 by Ord. No. 13-04C; 8-2-2013 by Ord. No. 13-28C]

On bayfront lots and lagoon lots, no building shall be erected or enlarged which shall exceed 34 feet in height. In measuring the building height to determine a conformity with this subsection, the measurement shall be taken from the crown of the road, easement, maximum finished grade of the lot, or finished bulkhead on which the building is located, but in no case shall the point of measurement exceed Elevation 5 NAVD 1988.

[Amended 1-18-2013 by Ord. No. 12-32C; 3-22-2013 by Ord. No. 13-04C; 8-2-2013 by Ord. No. 13-28C; 10-26-2016 by Ord. No. 15-43C; 12-5-2022 by Ord. No. 22-24C

In all oceanfront VE Zones as shown on the current FEMA Flood Insurance Rate Map, the FIRM, no building shall be erected or enlarged which shall exceed 36 feet in height.

[Amended 3-22-2013 by Ord. No. 13-04C; 8-2-2013 by Ord. No. 13-28C]

In measuring the height of any building to determine its conformity with the height restrictions hereinabove set forth in Subsections A and B and C, except for flag lots, the measurement shall be taken from the crown of the road or easement giving access to the lot on which the building or structure is located. The point of measurement from which the height restriction is taken at the crown of the road or the height restriction is taken at the crown of the road or easement shall be on a straight line perpendicular to the edge of the easement or road running directly from the crown of the road or easement opposite the center line of the lot frontage on the road or easement to the place where the nearest vertical face of the building shall intercept the finished grade of the lot.

[Added 3-22-2013 by Ord. No. 13-04C]

On any interior flag lot, measurements shall be taken from the crown of public road or easement upon which the flag fronts with the point of measurement taken at the crown of the road or easement at the center point of the flag and running on a straight line perpendicular to the edge of the road or easement, running directly from the crown of the road or easement to a point opposite the center of the buildable portion of the lot and thence running in a straight line to the point where the nearest vertical face of the building, shall intercept the finished grade of the lot.

In the V Zone-14, the oceanfront V Zone, no building or structures which are located on lots regulated by the established oceanfront building line shall be erected or enlarged which shall exceed 36 feet in height measured from the intersection of the westerly most vertical face of the building and the grade upon which the building or structure is located.

[Added 3-22-2013 by Ord. No. 13-04C]

The following structures may exceed the height limits prescribed by this chapter as set forth as follows.

[Added 3-6-2017 by Ord. No. 17-06C; amended 4-6-2020 by Ord. No. 20-10C; 3-7-2022 by Ord. No. 22-06C]

Chimneys provided for fireplaces and the like: maximum of 42 inches.

Freestanding flagpoles shall be permitted with height limitations not to exceed the following.

Commercial zone flagpoles installed at grade level utilized with a commercial use: maximum of 40 feet.

Residential flagpoles installed at grade level in a residential zone or in any zone used in conjunction with a residence: maximum of 34 feet.

Satellite dish antennas not exceeding two feet in diameter: maximum of three feet.

Open railing systems for safety around rooftop decks which do not exceed 42 inches in height and which are open and unobstructed to the maximum extent permitted by appropriate building codes.

Television antennas: maximum of eight feet.

Elevator towers.

[Amended 10-2-2023 by Ord. No. 23-23C]

Commercial: Elevator structure enclosures shall be a maximum of 100 square feet of floor area and may exceed the maximum building height no more than eight feet.

Residential: Elevator structure enclosures shall be a maximum of 64 square feet of floor area and may exceed the maximum building height no more than eight feet.

The elevator tower which exceeds the maximum permitted height limitation shall be located no less than 10 feet from all exterior walls of the building in which it is located and no less than 15 feet from the exterior front wall of such building.

The elevator tower shall contain nothing other than the elevator which it is designed to house.

§ 205-11 Setback requirements and measurements.

Heating, air-conditioning and ventilating units: may exceed the maximum building height no more than 42 inches.

[Added 10-2-2023 by Ord. No. 23-23C]

No portion of any permitted permanent or built-in structures, pools, hot tubs, outdoor kitchens, any type of fire device, awnings, pergolas, flags other than as permitted by Subsection F(2) above, decorations, landscaping, real or fake plants, or similar property, accessories, and fixtures shall exceed the maximum permitted building height of the applicable zone, except one portable cooking grill not exceeding 12 square feet, moveable or portable deck furniture, and patio table umbrellas shall be permitted to exceed the maximum permitted building height.

[Added 3-7-2022 by Ord. No. 22-06C]

[Amended 8-15-1986 by Ord. No. 86-17C; 9-15-2006 by Ord. No. 06-27C; 11-20-2009 by Ord. No. 09-31C; 8-21-2015 by Ord. No. 15-33C; 5-2-2016 by Ord. No. 16-17C; 2-6-2017 by Ord. No. 17-01C; 3-6-2017 by Ord. No. 17-06C; 12-4-2017 by Ord. No. 17-41C; 1-8-2018 by Ord. No. 17-45C; 5-6-2019 by Ord. No. 19-11C; 2-3-2020 by Ord. No. 20-01C; 7-6-2021 by Ord. No. 21-17C; 9-7-2022 by Ord. No. 22-20C; 5-6-2024 by Ord. No. 24-12C]

Except as otherwise set forth herein, in all sections of the Long Beach Township, when measuring setback requirements for front yard, rear yard, and side yard, the measurements shall be taken from the property lines and from any easement line existing on said lot exclusive of walkway, utility, and drainage easements.

No accessory building shall be closer than the setback specified for the zone where the structure is located.

Setback requirements on lots on the turning circle of culs-de-sac. When any lot is situated on the turning circle of a cul-de-sac, no principal or accessory structure shall be closer than 10 feet to the street line, but in no case shall it be closer than the prevailing setback line of the street if the same were to be fully extended across the turning circle of the cul-de-sac.

Setbacks on lots fronting on culs-de-sac shall be computed by measuring back on each side line the required distance, and then striking a line between the two points, provided that in no event shall any building be erected less than 10 feet to the street line.

On lots fronting or abutting rectilineal turnarounds on private easements, setbacks shall be measured from the access easement boundary lines which such rectilineal turnarounds serve. In the event the map creating such rectilineal turnaround does not show the easement line extending through the turnaround, setbacks shall be measured from the easement line as though the easement line extended through such turnaround.

Setback requirements for lots adjacent to bay or lagoon waters and lots in the beach dune area.

When any lot is situated immediately adjacent to bay or lagoon waters, whether bulkheaded or not, no principal or accessory structure shall be closer than 10 feet from the waterline.

When measuring the setback requirements for the yard adjacent to the bay or lagoon waters, the measurements shall be taken from the waterline and from any easement line existing on said lot exclusive of walkway, utility, and drainage easements, not the property line.

In the beach dune area, if the principal structure fronts on the ocean, and the westerly side of the structure is the rear yard, then the minimum rear yard requirements shall be taken from the oceanfront building line. If the oceanfront building line does not traverse the property, then the measurement shall be taken from the easterly property line.

For purposes of § 205-11C, “waterline” shall mean the bulkhead for lots which are bulkheaded and the mean high-water mark for lots which are not bulkheaded.

(Reserved)

Setbacks in developed neighborhoods.

Where a lot is situated between two lots each of which is developed with a main building, the minimum front-yard setback requirement of such lot may be the average of the front yards of the existing buildings but not less than 10 feet.

On any corner lot, the owner of such lot may determine upon which street he or she wishes the main building to front. The front yard shall have the minimum setback required by this chapter; provided, however, that if the main building on the adjoining lot fronting on the street upon which street the owner wishes his or her main building to front provides for a front yard setback of less than that required by this chapter the corner lot being developed may maintain the same front yard setback as the adjacent building; provided, however, that such front yard distance shall not be less than 10 feet. The street not selected as the front yard shall be designated as the side yard. All front-yard and side-yard regulations shall apply to the lot, as selected.

Setbacks from the oceanfront building line shall be governed by the provisions of § 51-4 of the Code.

Where a lot adjoins one lot developed as described above and a vacant lot, the minimum front yard requirement of such lot may be the average of the front yard of the existing building and the established front setback line.

Where in a given block along the bay front there is a pronounced uniformity in the alignment of existing buildings and the setback depths are greater than required by the setback requirements of this chapter, then any new building shall conform substantially with the established setback line.

Permitted encroachments into setbacks.

Chimneys extending or protruding no more than 24 inches from the building and no more than six feet in width along the building shall be permitted to encroach into the front, side, and rear yard setbacks of the applicable zone. The base of the chimney within the front yard setback shall be a minimum of eight feet above the grade and the top of the chimney shall not exceed the maximum overall building height as stated in § 205-10 of this Code. All chimney encroachments shall not be considered within the lot coverage calculations.

Construction of landings and stairs providing entry in connection with a house being raised so that the first-floor level is above base flood elevation (BFE) level may have 70 square feet projecting no more than eight feet from the face of the building for reconfigured entries, of which there can be no more than two. Each of the two allowable entries may have an additional 70 square feet, and these entries which do not exceed 70 square feet shall not be considered lot coverage. Regardless of the number or size of entries, a maximum of 32 square feet of entryway may be roofed over. A handicap chair lift constructed onto existing houses or a house being raised shall encroach within the front, rear, and side yard setbacks and not less than the minimum required setback for the zoning district where the chair lift is located.

Roof overhangs and window units.

No roof shall project more than 24 inches beyond the exterior walls of the living space of the building. The permitted 24 inches of roof projection shall not be considered lot coverage and may encroach into the front, rear, and side yard setbacks of the lot upon which the building is located. No roof deck shall project beyond the exterior walls of the living space of the building. The roof and soffit may extend the aforesaid 24 inches, but no portion of any roof deck shall extend into any portion of the 24 permitted inches of roof projection.

Window units projecting not more than 24 inches from the face of a building which are no more than eight feet along the vertical face of the building wall shall not be considered lot coverage and may encroach into the front and rear yard setbacks of the lot on which the building is located. Such window units encroaching into the rear yard shall be no closer than 15 feet to any residentially or commercially occupied building on the contiguous lot to the rear.

Electric meter platforms, projecting not more than four feet from the building exterior wall and no more than three feet wide and a maximum of 24 inches above grade, with two steps, shall not be considered lot coverage and may encroach into the front and side yard setbacks of the lot on which the platform is located.

Flagpoles and decorative posts may encroach into the front, rear, and side yard setbacks of the lot.

Air conditioner compressor platforms not to exceed in total 32 square feet, pool equipment platforms not to exceed in total 32 square feet, and emergency generator platforms not to exceed in total 32 square feet may be located within the principal side yard setback from the street extending not more than four feet into the required setback from the property line and shall be a minimum of two feet from the property line. Ductless air conditioner units may encroach into the side and rear yard setbacks a maximum of 18 inches.

Emergency generators shall not be located less than 18 inches from any principal or accessory building.

Temporary handicap ramps and walkways for which a physician's note has been provided to the Zoning Officer. Such ramps and walkways shall be permitted so long as required for use by the occupant at the property and shall be removed when no longer necessary, including, but not limited to, when the person no longer maintains his/her residence at the property and/or when the property is sold.

An exterior elevator tower may be permitted on all residential buildings constructed prior to October 29, 2012. The elevator tower may encroach into the rear yard only, not more than six feet from the face of the existing building and not greater than 36 square feet in area. The elevator tower shall not exceed the maximum building height as stated in §205-10A and C and shall be exempt from lot coverage and impervious coverage requirements.

Riparian related setbacks. For all lots created by combining upland with adjacent riparian grants, all building line setbacks shall be measured from the edge of any lands flowed by tidewater or the edge of any lagoon.

Mapped wetland lot setbacks.

For land mapped by the State of New Jersey as wetlands, all building line setbacks shall be measured from the edge of any mapped wetlands, mapped pursuant to the Wetlands Act of 1970.

§ 205-12 Minimum side and rear yard requirements.

For all such mapped wetlands, the setbacks shall be measured from the property line and not the waterline as set forth in 205-11(C), regardless of whether the lot is adjacent to bay or lagoon waters.

[Amended 7-22-2005 by Ord. No. 05-19C; 9-15-2006 by Ord. No. 06-27C; 1-23-2015 by Ord. No. 15-01C; 3-16-2015 by Ord. No. 15-06C; 12-21-2015 by Ord. No. 15-52C; 3-6-2017 by Ord. No. 17-06C; 3-5-2018 by Ord. No. 18-12C; 10-6-2025 by Ord. No. 25-16C]

Lots fronting on the ocean located in the Beach Dune Area shall have two side yards totaling 15 feet in width, the minimum width of one side yard being not less than four feet and provided, further, that there must be 15 feet between the two adjacent houses and provided, further, that the other side yard must have a minimum of nine feet to provide for a driveway.

All side yards adjacent to an improved roadway must have a minimum setback distance of no less than 15 feet.

The minimum side yard requirement should not be less than the minimum required in the zoning district where the lot is located.

In all residential zones, every principal building or structure shall have side yards totaling 30% of the lot frontage but in no event less than a total of 15 feet with a minimum of four feet on one side. Where the Township Code requires wider side yards, such side yards shall be provided to conform with such requirements, and the requirements herein set forth are minimum requirements only.

When a lot is an irregular shape and the lot frontage is greater than the opposite lot line, the total side yards will be calculated by the average of the sum of both lot lines multiplied by 30%, but in no event less than the minimum total side yards required for the zone where the lot is located.

Distance between houses.

A minimum distance of 15 feet shall be maintained between adjoining houses, and the measurement shall be taken from the most projected surface of the building that exists at least one foot above the ground, including, but not limited to, from elevated decks and bay windows.

Approved chimneys, outdoor stairways, HVAC units, emergency generators, pool equipment, and electric meters shall be exempt and not considered the most projected surface pursuant to the above measurement requirement.

(Reserved)[1]

§ 205-13 Pending application for building permits.

Editor's Note: Former Subsection D, regarding lots adjacent to bay or lagoon waters, as amended 1-23-2015 by Ord. No. 15-01C; 8-21-2015 by Ord. No. 15-32C; 5-2-2016 by Ord. No. 16-17C; 12-21-2015 by Ord. No. 15-52C, was repealed 9-7-2022 by Ord. No. 22-20C.

[Amended 7-18-1997 by Ord. No. 97-16C]

Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the effective date of any amendment to this chapter, provided that the building, structure or part thereof shall be completed and a certificate of occupancy issued within 90 days from the effective date of said amendment.

§ 205-14 District boundary lines.

Questions concerning the exact location of district boundary lines shall be determined by the Land Use Board in accordance with rules and regulations which may be adopted by it as hereinafter provided.

§ 205-15 (Reserved) [1]

§ 205-17 Nonconforming lots, buildings, and uses.

Editor's Note: Former § 205-15, Setback requirements, as amended, was repealed 5-2-2016 by Ord. No. 16-17C.

§ 205-16 Lagoon and riparian lot area.

[Amended 12-18-1992 by Ord. No. 92-29C]

All lots created by combining upland with adjacent riparian grants or lagoons shall have an upland area equal to the minimum lot area requirement provided in the zone district. All building line setbacks shall be measured from the edge of any lands flowed by tidewater or the edge of any lagoon.

[Amended 2-15-1980 by Ord. No. 80-6C; 7-8-1983 by Ord. No. 83-12C; 5-4-1984 by Ord. No. 84-9C; 11-4-1994 by Ord. No. 94-38C; 5-24-2002 by Ord. No. 02-04C; 11-17-2006 by Ord. No. 06-35C; 3-6-2017 by Ord. No. 17-06C]

All lots created by subdivision prior to October 5, 1979, and having a minimum width of 40 feet at the street line or on the ocean or the bay and a minimum lot area of 3,000 square feet, in single ownership with a deed vesting such ownership duly recorded in the Ocean County Clerk's Office in Toms River. New Jersey, on or before June 1, 1979, and which lot is located between two adjacent lots on each of which adjacent lots a conforming structure has been erected pursuant to a valid and properly issued building permit issued prior to June 3, 1983, shall, for the purposes of this chapter, be considered conforming lots.

Any lot having a minimum lot area of 3,000 square feet and a minimum width of 40 feet at the street line or on the ocean or the bay which has been created by formal action of the Long Beach Township Planning Board shall, for a period of five years from the final approval granted by the Long Beach Township Planning Board, be considered to be a valid and conforming lot even though said lot shall not be in individual ownership as of June 1, 1979.

Any structure erected on or before June 1, 1979, in conformity with the zoning setback requirements in effect on the date of erection shall be considered a conforming structure under this chapter and alterations and additions thereto may be made to such structure without recourse to the Land Use Board; provided, however, that no nonconformity shall be created or enlarged under the terms of this chapter by such alteration or addition.

Any lot upon which a multiple-family dwelling has been erected and which multiple-family use is reflected on the tax assessment records of the Township of Long Beach as well as the Sewer Department records of the Township of Long Beach as of January 1, 2001, may be replaced, provided that the following conditions are met: i) the new structure shall not contain more than two dwelling units; ii) all requirements as to lot coverage, height, front, side and rear yard setbacks, and all other requirements for the construction of a dwelling in the zone in which the lot is located, are met; and iii) the off-street parking requirements of Chapter 205 apply for each dwelling unit of the multifamily dwelling. If the nonconforming multiple-family structure is occupied only as a two-family use and is reflected on the tax assessment records of the Township of Long Beach as well as on the Sewer Department records of the Township of Long Beach as of January 1, 2001, the same may be enlarged provided the conditions in Items i), ii), and iii) above are met and complied with.

[Amended 6-5-2023 by Ord. No. 23-17C]

Continuances. Except as otherwise provided in this section, the lawful use of land or buildings existing may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone in which the land or building is located, provided that the use of land or buildings complies with the following:

No nonconforming lot shall be further reduced in size without a variance.

No nonconforming building shall be enlarged or altered in such a manner which would increase the degree of nonconformity without a variance.

No nonconforming use may be expanded without a variance.

Notwithstanding the foregoing, any existing single-family or multifamily residential structures and uses located in the general commercial zone and split residential and commercial zones may be enlarged or altered without a variance provided the use remains single-family or multifamily residential, no additional primary residential structures or subdivisions are created, and the proposed construction complies with the closest residential zone district requirements. If a property is located in two residential zone districts, the more restrictive residential zone district requirements shall apply.

[Added 6-7-2021 by Ord. No. 21-15C]

The prohibition of single-family and multifamily residential structures in commercial zones is prospective to new residential construction. Any commercial lot or lot within both a commercial and residential zone upon which the use was single-family or multifamily residential at the time of the prohibition may continue the residential use of the property in compliance with the closest residential zone district requirements until the lot use is affirmatively changed to nonresidential by the owner, e.g., the total destruction of a residential property by a storm may be rebuilt and a residential structure may be demolished and later rebuilt as a residential.

[Added 7-6-2021 by Ord. No. 21-20C]

§ 205-19 Minimum frontage to be continuous and unbroken.

Any vacant lot located in a commercial zone which was not developed as a commercial or mixed use prior to the prohibition of single-family and multifamily residential is permitted to construct a single-family or multifamily use in compliance with the closest residential zone district requirements.

[Added 7-6-2021 by Ord. No. 21-20C]

Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not be reoccupied except in conformity with this chapter.

Restoration. Any nonconforming use or structure existing at the time of passage of an ordinance may be restored or repaired in the event of partial destruction thereof.

Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

§ 205-18 Minimum lot dimensions.

[Added 5-16-1980 by Ord. No. 80-19]

All lots shall have a depth as defined in this chapter of no less than 60% of the lot frontage as defined in this chapter, but in no instance shall the depth of any lot be less than 50 feet.

A portion or portions of a lot with a dimension or dimensions of less than 50% of the frontage dimension may be permitted, but in no instance may such portion or portions be included in calculating the total area of the lot for the purpose of determining the lot's compliance with the minimum area requirements of any zone.

When the dimension of one side lot line is greater than the opposite side lot line on the same lot, the lot depth shall be the average of the sum of both side lot lines, but in no instance shall the average be less than the requirements of this chapter set forth in Subsections A and B above.

[Added 3-5-2018 by Ord. No. 18-12C]

[Added 7-4-1980 by Ord. No. 80-22C]

For the purposes of calculating the width or depth of any lot fronting on the ocean or bay or on any street or easement, the minimum frontage, as required by any provision of this chapter, shall be continuous and unbroken.

§ 205-20 Special lot size requirements.

[Added 9-5-1980 by Ord. No. 80-29C]

All lots in all districts which have access thereto granted by private easement shall meet the minimum standards as hereinbelow set forth:

In the R-10 Single-Family Residential Zone, such lots shall have a minimum square footage of 10,000 square feet exclusive of any area burdened by easement.[1]

Editor's Note: Former Subsection B, as amended, which immediately followed, was repealed 5-2-2016 by Ord. No. 16-17C.

§ 205-21 Mapped wetlands lot area.

[Added 7-8-1983 by Ord. No. 83-12C]

In calculating the required minimum area for any lot in any district or zone within the Township of Long Beach, no land mapped by the State of New Jersey as wetlands pursuant to the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) shall be included in calculating the minimum lot area as required by this chapter, nor shall any such lands be included in calculating any minimum lot depth or minimum lot width as required by this chapter. All building line setbacks shall be measured from the edge of any mapped wetlands, mapped pursuant to the Wetlands Act of 1970.

§ 205-22 Roofs and roof deck structures. [1]

[Added 3-7-2022 by Ord. No. 22-06C; amended 5-6-2024 by Ord. No. 24-12C; 10-6-2025 by Ord. No. 25-17C]

Swimming pools, lap pools, any other type of pool, and/or hot tubs shall not be permitted on any roof or roof deck structures except as expressly provided herein.

Pursuant to Chapter 180, only one hot tub is permitted on a roof deck structure, provided it does not exceed 64 square feet in area and does not exceed the maximum building height of the applicable zone.

One swimming pool or one lap pool and one hot tub may are permitted on any roof or roof deck structure on multi-family dwellings and hotels that include 10 or more units of dwelling space.

Permit applications for any pools and hot tubs set forth in this section shall be accompanied by structural construction drawings certified by a New Jersey licensed engineer.

No structures, including, but not limited to, any awnings, gazebos, covering, swimming pools, hot tubs, outdoor kitchens, flags, decorations, landscaping, real or fake plants, or similar property accessories and fixtures shall be permitted on a roof and roof deck structures if any portion of the foregoing exceeds the maximum permitted building height of the applicable zone.

§ 205-23 Minimum access to approved lots.

Editor's Note: Former § 205-22, Measurement of setback requirements, was repealed 5-2-2016 by Ord. No. 16-17C.

[Added 9-20-1985 by Ord. No. 85-17C]

No approved lot shall have access of less than 20 feet to said lot from an improved street.

§ 205-24 Floating homes; floating home marina.

[Added 11-2-1984 by Ord. No. 84-27C]

Definitions. As used in this section, the following terms shall have the meanings indicated:

FLOATING HOME

Any vessel in fact used, designed or occupied as a permanent dwelling unit, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of the Township of Long Beach, whether such vessel is self-propelled or not and whose volume coefficient is greater than 3,000 square feet. Volume coefficient is the ratio of the habitable space of a vessel measured in cubic feet and the draft of the vessel measured in feet of depth.

FLOATING HOME MARINA

That area within the Township of Long Beach covered by any waterway within the Township where one or more sites or locations are rented or offered for rent, sold or offered for sale for the location of floating homes.

HOUSEBOAT

Those vessels not designed primarily for residential dwelling units, designed primarily for pleasure craft, recreation and independent navigation, whose volume coefficient is less than or equal to 3,000 square feet and not considered a floating home in accordance with the definition set forth above.

MARINA

A dock or base and operated for profit or to which public patronage is invited providing moorings or marine services primarily for power yachts, launches or other water craft other than floating homes, and which is also capable of removing any and all crafts moored within the marina out of the water for repair or as a result of emergency conditions.

Regulations.

No floating home shall be occupied, and no floating home marina shall be permitted in any zone within the Township of Long Beach.

No marina shall permit the in-water or out-of-water storage of any floating home.

No person, firm or corporation shall operate or cause to be operated a floating home marina or rent, hold out for rent or sell any site of space for the location of a floating home.

§ 205-25 Trash bins/cribs.

[Added 3-5-1991 by Ord. No. 91-9C; amended 10-18-1996 by Ord. No. 96-22C; 4-18-1997 by Ord. No. 97-6C; 8-6-2010 by Ord. No. 10-34C; 3-1-2021 by Ord. No. 21-07C]

In all zones, structures to hold trash receptacles and recycling receptacles shall be permitted as hereinbelow set forth.

Bins/cribs for watertight receptacles permitted by Chapter 168 may be placed at the property line, but no more than five feet off the front property or easement line. Any structure so placed need not adhere to the side yard setbacks required in that zone.

Bins/cribs which extend beyond five feet from the front property or easement line shall conform to all setback requirements of the zone.

No dumpsters or any other receptacle other than a watertight receptacle permitted by Chapter 168 is permitted in any residential zone, except as authorized pursuant to § 115-4.

In all commercial and marine zones, structures to hold trash receptacles and recycling receptacles shall be permitted at business establishments as hereinbelow set forth.

Bins/cribs for watertight receptacles permitted by Chapter 168 may be placed at the property line but no more than five feet off the front property or easement line. Any structure so placed need not adhere to the side yard setbacks required in that zone

Commercial receptacles and dumpsters as authorized pursuant to site plan approval.

§ 205-26 Exceptions to area requirements. [1]

[Added 2-21-1992 by Ord. No. 92-4C; amended 1-6-2006 by Ord. No. 05-31C; 9-15-2006 by Ord. No. 06-27C; 3-6-2017 by Ord. No. 17-06C]

When two or more lots are created by subdivision in the residential zones of the Township, they shall have the minimum square footage of 6,000 square feet, except as may be provided by § 176-27A.

The minimum requirement of 6,000 square feet and 60 feet of frontage set forth in the preceding subsection shall not be required where a minor subdivision is created pursuant to § 176-27A(1) et seq., and any lot so created shall be exempt from the 6,000 square feet and 60 feet of frontage requirement hereinabove set forth in the preceding subsection.

A single-family dwelling may be constructed in a district where permitted on any lot shown on a recorded subdivision plat or any lot of official record on the effective date of this chapter, the owner of which does not own any adjoining lot or adjacent land, provided that in the opinion of the Land Use Board the lot area and proposed yard spaces satisfy as closely as possible the lot and yard requirements of this chapter for the district in which such lot is located. If the owner of a substandard size lot owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot, and the area and yard space provision of this chapter shall apply.

§ 205-27 Private easements; maintenance.

Editor’s Note: Ordinance No. 17-17C, adopted 6-5-2017, provided for renumbering throughout this chapter.

[Added 10-20-1995 by Ord. No. 95-32C]

Any private easement established for the purpose of ingress and egress for the benefit of properties on that easement shall be maintained by the owners thereof in such a manner as to be level, unobstructed, free of depressions, potholes and the like. They shall be of a material so as to ensure that any emergency vehicles, such as, but not limited to, fire, police and first aid, may obtain uninhibited access through said easement and further shall ensure that said emergency vehicles will not be damaged thereby and emergency personnel and/or occupants are not injured thereby.

Easements developed for the purpose of ingress and egress shall remain clear and unobstructed by trees, hedges, bushes, branches or any other growth, nor shall they have any other material obstructions such as but not limited to stone walls, landscaping devices, fences, buildings or other materials on or within the easement area. Temporary structures of any kind shall not be permitted on or within the easement area.[1]

[Amended 8-17-2001 by Ord. No. 2001-11C]

§ 205-29 Inclusion of oceanfront land conveyed to Township in calculating percentage of lot coverage.

Editor’s Note: Former § 205-25.3, Structures in public right-of-way, added 4-18-1997 by Ord. No. 97-6C, as amended, which immediately followed this section, was repealed 3-6-2017 by Ord. No. 17-06C.

§ 205-28 Outside stairways.

[Added 7-5-2002 by Ord. No. 02-08C; amended 5-2-2016 by Ord. No. 16-17C]

Except where the ground level does not constitute living space and the first floor of living space is the second floor, in a single-family residence, no outside stairway giving access from the ground level to the second floor shall be permitted unless there is an interior stairway. Upon conversion of a two- or multifamily residence to a single-family residence, an interior stairway must be provided before a conversion or resale certificate of occupancy shall be issued. No such outside stairway shall be counted in calculating lot coverage nor shall side yard requirements be measured from such outside stairway.

[Added 4-17-2009 by Ord. No. 09-09C]

Where the owner of oceanfront land has conveyed to the Township of Long Beach that portion of such owner's land lying between the oceanfront bulkhead line established by the Township of Long Beach as delineated from time to time on the official Tax Assessment Map of said Township and the mean high-water line of the Atlantic Ocean, such conveyed lands may still be included in calculating lot coverage on the retained portion of the lands when calculating lot coverage restrictions pursuant to this chapter of the Township of Long Beach Code, provided that such reservation of rights is contained in the deed of conveyance.

§ 205-30 Prohibition of solar panels on public utility poles.

[Added 1-23-2012 by Ord. No. 11-51C]

It shall be illegal for the owner, operator, or lessee of any telephone pole, public utility pole, electric pole, or any other pole providing for the maintenance of wires for the distribution of telephone signals, telegraph signals, television signals, or electric current to have installed thereon any solar panel which shall be deemed any panel designed and installed for the purpose of generating electric power or electric current in any section or zone in the Township of Long Beach.

§ 205-31 Fences.

Residential zones.

[Amended 7-3-1981 by Ord. No. 81-12C; 11-20-1992 by Ord. No. 92-22C; 12-19-1997 by Ord. No. 97-33C; 10-6-2000 by Ord. No. 00-12C; 8-8-2003 by Ord. No. 03-16C; 9-5-2003 by Ord. No. 03-20-C; 10-5-2004 by Ord. No. 04-21C]

Fences or solid walls may be erected within the property lines of the side and rear yards of any residential lot, not to exceed five feet in height plus a one-foot allowance for a privacy panel which shall be at least 50% visibly open, that is to say will not result in a more than a 50% bar to open visibility, for a total of six feet, or a chain-link fence that is 100% open may be erected that may not exceed six feet. Walls and fences may be erected in that area of a lot fronting on a public street and extending from the property line to the permissible building setback line not to exceed four feet in height. Such fences must provide a minimum of 50% continuous visibility as that term is above described. Fences or walls 30 inches in height or less may be solid. Fences or walls on corner lots where two streets intersect must maintain a twenty-five-foot sight triangle on the corner and shall not exceed 30 inches in height.

On bayfront and lagoon lots, walls or fences along the bulkhead or the natural waterline and extending from that point to the permissible building setback line must not exceed four feet in height.

[Amended 8-22-2014 by Ord. No. 14-26C]

The maximum height of all fences and solid walls must be measured from the finished grade within the property lines of the residential lot upon which the fence or wall is erected.

[Amended 8-22-2014 by Ord. No. 14-26C]

When installing a fence on top of a retaining wall, the minimum height of the fence portion shall be four feet and the maximum height of the fence and wall combination, measured from the base of the wall at the finished grade, shall not exceed six feet.

[Added 5-2-2016 by Ord. No. 16-17C]

[1]Commercial zones. A fence or wall may be erected in the setback area of the property to a height of six feet, except for a fence of the chain-link wire type, which may be erected to a height of eight feet within the building area of the property but may not extend beyond the extending line of the front face of the principal structure.

Editor's Note: Former Subsection B, Fences and plantings in public right-of-way, added 10-5-2001 by Ord. No. 01-12C, was repealed 8-6-2010 by Ord. No. 10-34C. This ordinance also provided for the redesignation of former Subsections C through E as Subsections B through D, respectively.

Applications. Application shall be made to the Code Enforcement Officer prior to the erection of a fence.

Tennis courts. A permit shall be required for the construction of all tennis courts. A fence with a maximum height of 12 feet of the chain-link type shall be the only type fence permitted for a tennis court. Corner visibility cannot be obscured around such tennis court for a height of more than 30 inches above the established crown grade of the street by a fence or shrubbery of any type. When tennis courts are constructed, they shall conform to accessory building setbacks as delineated in the zone in which they are installed. Further, unless constructed in a designated recreation area, they shall be considered an accessory use to the primary structure.[2]^,[3]

Editor's Note: Former Subsection (e), Swimming pools, which immediately followed this subsection, as amended 2-18-1983 by Ord. No. 83-2C, was deleted 5-19-1989 by Ord. No. 89-26C, 2-6-2017 by Ord. No. 17-01C

Editor's Note: Former § 205-52, Exceptions to setback requirements, as amended, which immediately followed this section, was repealed 5-2-2016 by Ord. No. 16-17C.

§ 205-32 Storage sheds.

[Added 3-4-1994 by Ord. No. 94-9C; amended 3-6-2017 by Ord. No. 17-06C]

On all residential lots with preexisting residential structures, including residential lots with preexisting residential structures where the maximum lot coverage has been met, the construction of a single storage shed shall be permitted, subject to the following limitations:

A shed shall not exceed 10 feet by 10 feet in area.

No utilities of any kind shall be installed.

There shall be a ten-foot maximum height measured from lot grade to the peak, and sidewalls shall not exceed seven feet in height.

[Amended 11-5-2018 by Ord. No. 18-31C]

The shed must comply with all accessory building setbacks for single-family properties.[1]^,[2]

Editor's Note: Former § 205-54, Permitted encroachment into setbacks, as amended, which immediately followed this section, was repealed 5-2-2016 by Ord. No. 16-17C.

Editor's Note: Former § 205-55, Nonconforming buildings and uses, which immediately followed this section, was repealed 3-6-2017 by Ord. No. 17-06C. See now § 205-17.

All storage sheds shall be anchored to prevent displacement by natural forces, including, but not limited to, the displacement of same during coastal flooding and severe high tides.

[Added 11-5-2018 by Ord. No. 18-31C]

§ 205-33 Impervious lot coverage.

[Added 10-5-2004 by Ord. No. 04-20C[1]; amended 11-3-2004 by Ord. No. 04-31C; 7-22-2005 by Ord. No. 05-18C; 8-6-2010 by Ord. No. 10-34C; 1-23-2012 by Ord. No. 11-49C; 8-22-2014 by Ord. No. 14-26C; 2-6-2017 by Ord. No. 17-01C; 3-5-2018 by Ord. No. 18-12C; 6-7-2021 by Ord. No. 21-15C; 10-7-2024 by Ord. No. 24-28C]

In addition to lot coverage restrictions provided for in each of the zones as established by this chapter of the Township of Long Beach, further restrictions are imposed upon the installation of any impervious surface covering any portion of the lot which is not occupied by a structure as permitted by this chapter.

Any impervious surface placed upon that portion of the lot which is not covered by a permitted structure shall be so graded as to cause water falling upon such impervious surface to drain directly to the street upon which the lot having such impervious surface is located and shall be sloped and graded to prevent such water from draining on any adjoining property but drain only onto the street.

Permits for impervious surface coverage.

No impervious surface shall be placed on any lot in the Township of Long Beach until a permit therefor has been issued by the Zoning Officer of the Township of Long Beach.

Application shall be made for impervious surface coverage to the Zoning Officer of the Township of Long Beach. The application shall be accompanied by an engineering plan prepared by a licensed civil engineer of the State of New Jersey, a licensed land surveyor of the State of New Jersey or a licensed architect of the State of New Jersey demonstrating that the surface drainage to be installed has been designed and will be implemented upon the lot in conformity with the requirements of Subsection B(2)(a) of this section. The application shall be accompanied by a fee in an amount as the Board of Commissioners of the Township of Long Beach may, by resolution, from time to time fix. The amount shall be sufficient to compensate the Township for any review fees billed by the Township Engineer for review and approval of the design plan prior to the issuance of any permit for impervious surface coverage. In fixing the fee, the Board of Commissioners of the Township of Long Beach shall include sufficient amount to compensate the Township of Long Beach for reasonable administrative expenses in receiving and approving any such application. The application shall be accompanied by an affidavit signed by the installer together with a bond in the form approved by the Long Beach Township Building Department, signed by the installer and guaranteeing for a period of six months the impervious surface shall perform as designed and provide positive drainage to the street as hereinabove called for in§ 205-33A. The bond shall further provide that, upon notification by the Long Beach Township Building Department of failure to perform, the installer shall, within 30 days, rectify the condition by replacing the impervious coverage to conform with the engineering plan so that positive drainage as above called for will occur. For a failure to comply with the provisions of the bond, the installer shall be subject to fine and imprisonment as called for in § 1-17 of the Code of Long Beach Township.

The Director of Construction, Inspection and Zoning Department may require an engineering plan as hereinabove called for in this section on any oceanfront property, any bayfront property, any property where the installation of impervious lot coverage shall exceed 5,000 square feet, any property which has received a soil erosion permit issued by the Township Engineer and where he may reasonably believe formal engineering inspection is required. No such engineering plan shall be required, however, where the application submitted by the applicant includes a current survey dated within one year of the application prepared by a New Jersey licensed land surveyor demonstrating that the total impervious lot coverage following the installation of any coverage pursuant to the permit shall not exceed 75% of the entire lot and the impervious lot coverage to be installed pursuant to the permit application is 500 square feet or less and the lot is not one of the lots for which this section mandates engineering review.

Impervious coverage on lots includes, but is not limited to, any area covered by a principal building, accessory building, grade level or elevated deck, swimming pool or spa, and any other covered or noncovered impervious surface.

On lots adjacent to a paved roadway approved impervious lot coverage shall not exceed 75% of the entire lot area nor 75% of any yard setback area. On lots fronting the Atlantic Ocean, the foregoing 75% calculation shall be calculated only on the area of the lot lying westward of the oceanfront building line.

No portion of any lot that is mapped as wetlands or has riparian rights shall be included in the calculation of impervious lot coverage.

A pervious surface area with a minimum width of 18 inches shall be provided between any impervious surface and the side yard and rear yard property lot lines. The eighteen-inch pervious area is not required for driveways with a minimum six-inch-high curbline along the side of a driveway abutting a property lot line.

Installation of impervious surface coverage except pursuant to and in accordance with a valid permit issued by the Zoning Officer of the Township of Long Beach pursuant to this section shall be punished by fine or imprisonment as provided in § 1-17 of the Code of the Township of Long Beach, County of Ocean, State of New Jersey.

§ 205-34 Permitted use limits in all residential zones.

Editor's Note: This ordinance adopted this section as § 205-56; as § 205-56, Enforcement, was already in existence, § 205-56 through 205-58 were redesignated as § 205-57 through 205-59, respectively.

[Added 10-6-2006 by Ord. No. 06-31C]

The only permitted use in all residential zones in the Township of Long Beach shall be use of the residential units for dwelling, for recreation and for the traditional activities enjoyed by people on vacation or other time away from their normal gainful employment to enjoy the traditional recreational activities afforded by the sand, sun and clear waters surrounding Long Beach Township where such residential units are rented for a period of less than one year. For those residential units which are rented for a period of one year or longer, or are occupied by the owner thereof, such uses as are permitted for less than one-year tenants as well as any and all normal permitted residential uses traditionally enjoyed by the owner of any home in a residential zone, including without limitation, the specific nonresidential purposes identified in each residential zone as herein set forth in this chapter.

Specific prohibition. Except as otherwise provided herein, in all residential zones of the Township, no residential property or lot may be rented, leased, let, occupied, or used for any for-profit, commercial, and/or business-related purpose or events.

[Amended 8-7-2017 by Ord. No. 17-29C]

Residential properties may be used by the owner or the lessee of the property for private sales in accordance with and pursuant to the requirements of Chapter 152.

Residential properties may be used by and/or with the consent of the owner for any and all activities relating to the listing and showing of the residential property for sale, including, but not limited to, private showings and open houses.

Residential properties may be used by and/or with the consent of the owner for home businesses and occupations as permitted in the residential zones by Chapter 205.

§ 205-35 Outdoor seating for food- and beverage-selling establishments.

Residential properties rented, leased, and/or occupied by any family not the owner for a period of more than one year may be used or utilized for any wedding and/or wedding reception of any person.

[Added 3-6-2009 by Ord. No. 09-04C]

Any food- or beverage-selling establishment located in the Township of Long Beach is hereby permitted to provide outdoor seating for its patrons without reducing the legally approved indoor seating under the following strictures and conditions:

All outdoor food service shall stop at 10:00 p.m.

All outdoor beverage service shall stop at 1:00 a.m.

Outdoor seats shall not exceed 15% of the legally approved indoor seating of the establishment providing outdoor seating.

Outdoor seating shall only be permitted in the Commercial Zone; provided, however, that any outdoor seating permitted and registered with the Long Beach Township Building Department in the year 2008 shall be permitted to continue.

All establishments utilizing the provisions of this section to provide outdoor seating for their patrons shall be responsible for the behavior of their patrons participating in the outdoor seating to insure that all Township noise[1] and other regulations are enforced and that good order is maintained.

Editor's Note: See Ch. 123, Noise.

No outdoor seating shall be permitted on any public right-of-way.

Any establishment applying for a license to permit outdoor seating shall complete an application supplied by the Township Clerk and submit the same together with a photograph and survey of the location where outdoor seating is to be provided with a check for $50, and upon review by the Clerk, the Zoning Officer and the Township Engineer as to compliance with the terms of this section, a license for outdoor seating will be issued for a period of one year.

[Amended 3-18-2011 by Ord. No. 11-11C]

Submittal of application; late applications.

A new or renewal application shall be submitted during the month of March of each year, and a new license will be issued effective May 1 following the submission, provided that the licensee has complied with the terms of this section.

Any establishment seeking a license for outdoor seating which has not filed the application during the month of March in any year may file an application late, that is to say, on or after April 1. The fee for such late applications shall be $75, and the new license will be issued effective 30 days after filing of the application, provided that the licensee has complied with the terms of this section.

Revocation of outdoor seating license. An outdoor seating license issued pursuant to § 205-61 of the Code of the Township of Long Beach shall be revoked and all outdoor seats shall be removed within 24 hours of receipt of a notice to cease and desist issued by the Township and served upon the licensee personally or by certified mail return receipt requested or its equivalent if:

[Amended 4-15-2011 by Ord. No. 11-13C]

The Township of Long Beach has received three written complaints containing the name, address, date and signature of the complainant which upon investigation prove to be well founded; or

There is noncompliance by the licensee with or violation of any ordinance contained in the Code of the Township of Long Beach committed by the licensee.

If any license has been revoked pursuant to Subsection B(2) above, the licensee, that is to say a person, firm, corporation or other legal entity owning a valid license issued by the Township of Long Beach or the State of New Jersey Alcoholic Beverage Commission, shall be ineligible to receive an outdoor seating license for the year following the revocation.

If any licensee, that is to say the person, firm, corporation or other legal entity owning a valid license issued by the Township of Long Beach or the State of New Jersey Alcoholic Beverage Control Commission, has had its license revoked on two occasions, that licensee shall be ineligible for any outdoor seating license permanently.[2]

SMALL WIND ENERGY SYSTEM, BUILDING-MOUNTED

Editor’s Note: Former §§ 205-62, Permitted use of public right-of-way between paved area of public right-of-way and an abutting owner’s property line, added 8-6-2010 by Ord. No. 10-34C, and 205-62.1, Permitted use of public right-of-way between paved area of public right-of-way and mean high water line of any bay abutting westerly shore of Long Beach Island, added 7-8-2011 by Ord. No. 11-19C, were repealed 3-6-2017 by Ord. No. 17-06C.

§ 205-36 Small wind energy systems.

[Added 5-20-2011 by Ord. No. 11-15C]

The Legislature of New Jersey has found and determined that the scope of a municipality's authority to regulate the installation and operation of small wind energy systems is not unrestricted and that it is against the policy of the State of New Jersey for any municipality to impose unreasonable limits or hindrances on the installation and operation of small wind energy systems by property owners in a municipality; therefore, this section has been adopted by the Board of Commissioners of the Township of Long Beach.

Definitions. As used in this section, the following terms shall have the meanings indicated:

HEIGHT, TOTAL SYSTEM

The height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors.

GRADE

The finished surface of the center line of the nearest public road giving access to the lot as such surface elevation may be shown on the official records of the Township of Long Beach.

LOT or PARCEL

Any legally established lot or parcel which contains or could contain a permitted or permitted conditional principal use as provided by the Township Code.

OFF GRID

An electrical system that is not connected to utility distribution and transmission facilities or to any building or structure that is connected.

SHADOW FLICKER

Changing light intensity caused by sunlight through the moving blades of a wind energy system.

SMALL WIND ENERGY SYSTEM

A wind energy system which has a nameplate rated capacity of up to 15 kilowatts for residential uses and districts and up to 100 kilowatts for commercial districts and which is incidental and subordinate to a principal use on the same parcel. A system is considered a small wind energy system only if it supplies electrical power solely for use by the owner on the site, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed by the owner for on-site use may be used by the utility company in accordance with the laws of the State of New Jersey as adopted by the Legislature or as adopted by any appropriate state administrative agency.

A small wind energy system which is securely fastened to any portion of a principal building in order to achieve desired elevation, whether attached directly to the principal building or attached to a tower structure which is in turn fastened to the principal building.

SMALL WIND ENERGY SYSTEM, FREESTANDING

A small wind energy system which is elevated by means of a monopole tower only and is not located on another supporting structure except that the tower shall have an appropriately constructed concrete base. Guyed, lattice, or other nonmonopole-style towers shall not meet this definition and are not permitted.

SMALL WIND ENERGY SYSTEM, HORIZONTAL AXIS

A small wind energy conversion system that has blades which rotate through a horizontal plane.

SMALL WIND ENERGY SYSTEM, VERTICAL AXIS

A small wind energy system that has blades which rotate through a vertical plane.

STROBE/STROBOSCOPIC EFFECT

Synonymous with shadow flicker.

TOWER/MAST

The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

WIND ENERGY SYSTEM

An aggregation of parts including the foundation, base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine.

WIND TURBINE GENERATOR

The component of a wind energy conversion system that transforms mechanical energy from the wind into electrical energy.

General regulations.

Conditional use. A small wind energy system shall be allowed only as a conditional use accessory use to a permitted principal use or approved permitted conditional principal use.

Zoning. Small wind energy systems are allowed in all zoning districts subject to the provisions contained herein and elsewhere within The Township Code.

Permit required. It shall be unlawful to construct, erect, install, alter or locate any small wind energy system within the Township of Long Beach, unless a permitted conditional use permit has been obtained from the Land Use Board of the Township of Long Beach. The permitted conditional use permit may be revoked by the Board of Commissioners of the Township of Long Beach, after public hearing at which the property owner shall be afforded all rights of due process and an opportunity to be heard, at any time the approved system does not comply with the rules set forth in this section and with the conditions, if any, imposed by the Land Use Board of the Township of Long Beach. The owner and operator of the small wind energy system shall also obtain and secure any other permits required by other federal, state and local agencies or departments prior to the construction of the system.

Number of systems per zoning lot.

Residential use. No more than one small wind energy system may be placed on any parcel or lot zoned for residential use.

Commercial use. No more than one small wind energy system may be placed on any parcel or lot with a commercial use.

Mixed use. Any building containing both residential and commercial uses or described as a mixed-use building shall be considered to be a commercial use for the purposes of this section.

Tower or mast. Only monopole towers shall be permitted for any freestanding small wind energy system. Lattice, guyed or towers of any other type shall not be considered to be in compliance with this section and are prohibited.

Lighting. No lights shall be installed on the tower, unless required to meet FAA regulations.

Signage. No signage or advertising of any kind shall be permitted on any tower or any small wind energy system.

Climbing apparatus. Any tower must be designed to prevent climbing within the first 10 feet.

(9)

Maintenance. Facilities shall be well maintained in accordance with manufacturer's specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this section or elsewhere within the Long Beach Township Code.

(10)

Displacement of parking prohibited. The location of the small wind energy system shall not result in the net loss of required parking as specified elsewhere in the Long Beach Township Zoning Ordinance.

(11)

Restriction on use of electricity generated. A small wind energy system shall be used exclusively to supply electrical power to the owner for on-site consumption, except that excess electrical power generated by the small wind energy system and not presently needed for use by the owner may be used by the utility company in accordance with the laws of the State of New Jersey as adopted by the Legislature or as authorized by any appropriate state administrative agency.

(12)

Noise. A small wind energy system shall be designed, installed and operated so that the noise generated does not exceed the maximum noise levels established elsewhere in the Code of the Township of Long Beach.

(13)

Shadow flicker/strobe or stroboscopic effect. No small wind energy system shall be installed and operated so to cause a shadow flicker/strobe or stroboscopic effect to fall on or in any existing structure or in an area where a lawfully constructed structure might be erected on a nearby lot either as a result of initial construction of such structure or as the result of the demolition of an existing structure and the rebuilding of a new structure in accordance with the various Codes of the Township of Long Beach.

(14)

Safety controls. Each small wind energy system shall be equipped with both an automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid.

(15)

Shutoff. A clearly marked and easily accessible shutoff for the wind turbine will be required as determined by the Fire Marshal and the Building Official of the Township of Long Beach.

(16)

Wind access easements. The enactment of this section does not constitute the granting of an easement by the Township of Long Beach. The small wind energy system owner/operator shall have the sole responsibility to acquire any covenants, easements, or similar documentation to assure and/or protect access to sufficient wind as may not be necessary to operate the small wind energy system.

(17)

Engineer certification. Applications for any small wind energy system shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the small wind energy system showing compliance with the applicable regulations and certified to a New Jersey licensed professional engineer shall also be submitted.

(18)

Installation. Installation must be done by a New Jersey licensed electrical contractor according to manufacturer's recommendations. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code-recognized test standards.

(19)

Removal. If the small wind energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed to be abandoned. The small wind energy system owner/operator shall remove the abandoned system at his expense. Removal of the system includes the entire structure, transmission equipment and fencing from the property, excluding foundations.

(20)

Right of entrance. As a condition of approval of a conditional use permit, an applicant seeking to install a small wind energy system shall be required to sign a petition and waiver agreement which shall be recorded and run with the land granting permission to the Township of Long Beach to enter the property to remove the small wind energy system pursuant to the terms of approval and to assure compliance with the other conditions set forth in the permit. Removal shall be at the expense of the owner/operator and the cost may be assessed against the property.

Setbacks.

The following setbacks shall be required:

The minimum distance between any small wind energy system and any property line shall be a distance of 200 feet. The setback shall be measured from the property line to the point of the small wind energy system closest to the property line.

Maximum height. Height shall be measured from the ground to the top of the tower, including the wind turbine generator and blades.

The maximum height shall not exceed 40 feet above the lowest established grade on the lot.

Building-mounted small wind energy systems may be a maximum of eight feet higher than the point of attachment to the building on which they are attached; provided, however, that the maximum height of any such building-mounted small wind energy system shall not exceed 40 feet above the lowest established grade on the lot.

Minimum lot size.

The minimum lot size for any small wind energy system shall be two acres.

Clearance of blade. No portion of a horizontal axis small wind energy system blade shall extend within 20 feet of the ground. No portion of a vertical axis small wind energy system shall extend within 20 feet of the ground. No blades may extend over public parking areas, public driveways or public sidewalks. No blade may extend within 20 feet of the nearest tree, structure or aboveground utility facilities. No blade may extend beyond the property boundary lines of the lot upon which the small wind energy system is located.

Location.

No part of a small wind energy system shall be located within or over drainage, utility or other established easements.

A freestanding small wind energy system shall be located entirely in the rear yard; provided, however, such rear yard may not abut a public street or any public right-of-way.

No small wind energy system shall be constructed so that any part thereof can extend within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least eight feet.

No building-mounted small wind energy system shall be permitted unless the owner has obtained a written analysis from a New Jersey licensed professional engineer determining that installation of a small wind energy system will not cause damage to the structure and that the small wind energy system can be securely fastened so as to not pose a hazard caused by detaching from the structure.

No small wind energy system shall be permitted on any lot without a principal structure.

No building-mounted small wind energy system shall be permitted except on the principal building located on the lot.

Application required. Application for small wind energy systems shall be made on forms provided by the Land Use Board of the Township of Long Beach. No action may be taken regarding requests for small wind energy systems until completed applications have been filed and fees paid.

§ 205-37 Outdoor fires and devices.

[Added 3-16-2012 by Ord. No. 12-03C; amended 3-6-2017 by Ord. No. 17-06C]

No person shall authorize or create, kindle, or maintain any open burning or fire unless conducted and permitted and/or approved in accordance with this section.

Permitted outdoor fires are limited to recreational fires entirely contained within permitted portable fire devices and permanent fire devices, and which may only be lit and maintained with clean firewood, charcoal, manufactured fire logs, propane, and natural gas as permissible fuels. All other fuels, including, but not limited to, brush, leaves, trees, trash, refuse, and treated and wet wood are prohibited.

All permitted outdoor fires shall be maintained in a manner that ensures any smoke and embers arising therefrom do not interfere with the air quality, peace, and quiet enjoyment of neighboring residents.

With the sole exception of grills and related, permitted cooking devices, all portable fire devices and permanent fire devices shall possess and employ an ember-suppressing lid (stone/masonry devices must have a lid or screen).

All solid-fuel-burning (wood) fire pits, open wood burning, and/or open and unenclosed, and/or contained burning of any kind not in accordance with this section is prohibited.

No permanent fire device may be constructed, affixed, and/or placed on any lot until a permit therefor has been issued by the Zoning Officer.

An application shall be submitted to the Zoning Officer accompanied by a plan prepared by a licensed civil engineer, land surveyor, or architect licensed by the State of New Jersey indicating the type of device and location to be installed.

The Zoning Officer may waive the requirement for the plan required by Subsection D(1) for a permanent fire device.

Portable fire devices are authorized and permitted for use without application for a permit from the Zoning Officer.

Location requirements.

[Amended 7-2-2018 by Ord. No. 18-16C[1]]

Except as set forth herein, neither permanent fire devices nor portable fire devices shall be located in any side yard or area of any lot fronting on a public street or easement.

[Amended 9-7-2022 by Ord. No. 22-20C]

The installation of noncombustible fire pits (natural gas or propane only) and noncombustible permanent outdoor cooking devices (natural gas or propane only) may be located within any side yard of 15 feet in width or more.

Limited, one-day approval for the location of portable fire devices in the area of any lot fronting on a public street or easement or within the street may be granted by application to the Zoning Officer, which shall be subject to an application fee of $100 and reviewed for approval or rejection by the Board of Commissioners, and any such approval shall be subject to reasonable restrictions set by the Board of Commissioners.

Portable fire devices shall be a minimum of five feet from any building or structure and a minimum of 10 feet from any lot line, except that such shall be permitted on decks and patios, provided such are a minimum of five feet from any building and 10 feet from any lot line. All portable fire devices shall be measured from the furthest protruding edge of the device, except that fire pits shall be measured from the center of the pit to the lot line and from the furthest protruding edge to any building or structure.

Permanent fire devices shall be a minimum of five feet from any building or accessory structure and a minimum of 10 feet from any lot line, except that such may be permitted on decks and patios. All permanent fire devices shall be measured from the furthest protruding edge of the device, except that fire pits shall be measured from the center of the pit to the lot line and from the furthest protruding edge to any building or structure.

Portable and permanent fire devices shall be within the radius of a working garden hose or a working fire extinguisher shall be stored within 10 feet therefrom.

Except as provided herein, no permanent fire devices or portable fire devices shall be permitted to be installed or placed under any portion of any building, accessory building, or structure.

An outdoor cooking device which also constitutes a permanent fire device may be affixed to any building, accessory building, or structure and/or installed under any portion of any building, accessory building, or structure if the outdoor cooking device complies with all state and local building and fire codes relating to the device if it were located inside a building or accessory building. This exception does not apply to any portable fire device regardless of whether it also constitutes an outdoor cooking device.

Editor's Note: This ordinance also amended the title of § 205-37.

Fireplaces. Notwithstanding the foregoing, exterior masonry and wood-burning fireplaces may be attached to the building or accessory building and shall comply with the zoning regulations as per § 205-11F, all building code requirements for masonry fireplaces, and all other applicable state and local building and fire codes.

[Amended 7-2-2018 by Ord. No. 18-16C]

FEMA regulations. The construction and placement of all permanent fire devices and placement of all portable fire devices shall comply with all applicable FEMA regulations.

[Added 7-2-2018 by Ord. No. 18-16C[2]]

Editor's Note: This ordinance also redesignated former Subsection H as Subsection I.

Enforcement; violations and penalties.

This section shall be enforced by the Long Beach Island Health Department, Code Enforcement Officers, and the Police Department.

Any authorized officer, agent, employee or representative of the Township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.

A violation of this section shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.

§ 205-38 Wireless communications facilities.

Any fire determined to be in violation of this section shall be required to be extinguished for the night.

[Added 3-6-2017 by Ord. No. 17-05C; amended 10-7-2019 by Ord. No. 19-23C]

Purpose. The purposes for the regulation of wireless communications facilities are as follows:

Protect residential areas and land uses from potential adverse impacts of wireless communications facilities and encourage applicants to locate wireless communications facilities, to the extent practicable and possible, in areas where the adverse impact to the community is minimal.

Encourage and ensure the appropriate location of wireless communications facilities to avoid potential damage to adjacent properties and ensure the public health, welfare, and safety through proper engineering and careful siting of wireless communications facilities in accordance with federal and state law.

Encourage the collocation and joint use of existing and approved wireless communications facilities, towers, and utility poles as a primary option rather than construction of new tower-based wireless communications facilities and new small wireless facility poles.

Encourage applicants to configure wireless communications facilities in a way that minimizes their adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging and stealth technology to preserve the aesthetic character in accordance with applicable zoning, planning, and design standards.

Promote and ensure the positive impact of wireless communications facilities and enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently and to ensure that the residents, visitors, public safety operations, and businesses have reliable access to wireless telecommunications networks and state-of-the-art communications services.

Comply with applicable federal and state law on the siting and regulation of wireless communications facilities while protecting the public health, welfare, and safety.

Interpretation.

This section is not intended to, nor shall it be interpreted or applied to:

Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless, data, and communications services;

Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for ROW management;

Unreasonably discriminate among providers of functionally equivalent services;

Deny any request for authorization to place, construct, or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions so long as such wireless communications facilities comply with the FCC's regulations concerning such emissions;

Prohibit any collocation or modification that the Township may not deny under federal or state law; or

Otherwise authorize the Township to preempt any applicable federal or state law.

In furtherance of the foregoing goals, due consideration shall be given to the master plan, zoning map, existing land uses, and environmentally sensitive areas in the approving of sites for the location of wireless communications facilities and the regulation of such facilities.

Applicability.

All wireless communications facilities are subject to these regulations, except as otherwise provided herein.

Amateur radios; receive-only antennas. This section shall not govern any tower or the installation of any antenna that is under 70 feet in height which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

Preexisting towers or antennas. Preexisting towers or antennas shall not be required to meet the requirements of this section, other than the requirements regarding building codes and safety standards. This exception shall not apply to any expansion or intensification of a preexisting tower or antenna.

Public entities. Wireless support structures, tower-based wireless communications facilities, and wireless communications facilities operated, leased, or used by the Township shall be exempt from the requirements of this section. The Township shall be a permitted use in all zone districts, provided that any lease authorizing such facilities has been approved by the Township, and, as a condition of any such lease, the Township may require site plan approval or may exempt the applicant from approval.

Satellite dish antenna. This section shall not govern any parabolic satellite antennas.

Permitted use, scope, and restrictions.

Wireless communications facilities are a permitted use in the general commercial, special commercial, and marine commercial zones. Only collocation of small wireless facilities on utility poles in the ROW and the construction of small wireless facility poles for the purpose of siting small wireless facilities in the ROW shall be permitted in residential zones and only 1 such wireless communications facility shall be permitted on each utility pole and small wireless facility pole. No other wireless communications facilities of any type shall be permitted in any residential zones or within 100 feet of a lot in residential use or a residential district boundary.

No wireless communications facilities are permitted inside or on any buildings or accessory buildings. Except for the collocation of small wireless facilities on utility poles and siting of small wireless facilities on small wireless facility poles in the ROW as required by federal and state law, and, as otherwise provided by the Township Code, no non-tower-based wireless communications facilities shall be permitted.

No lattice towers or guyed-lattice towers shall be permitted.

Except as otherwise provided by law for public utilities and the approval and construction of new small wireless facility poles for the purpose of siting small wireless facilities as permitted by the Township Code, no new wireless communications support structures, such as towers or monopoles, shall be permitted in the ROW. Only collocation of small wireless facilities, nonsubstantial changes to existing wireless communications support structures, utility poles, and small wireless facility poles shall be permitted in the ROW.

No advertising or non-safety-related signs of any type shall be permitted on any wireless communications facilities, wireless communications support structures, wireless communications equipment, cabinets, or base stations.

All wireless communications facilities shall comply with all applicable federal, state, county, and Township laws and regulations.

Collocation and priority policy.

It is the Township's policy that the first priority locations for wireless communications facilities shall be the Township-owned towers, and then non-Township-owned existing towers and wireless communications support structures, and all applicants for new wireless communications facilities shall make all reasonable and good faith efforts to collocate the proposed wireless communications facilities and/or secure the location of such facilities on the Township-owned wireless communications support structures first, the non-Township-owned existing towers and wireless communications support structures second, the collocation of small wireless facilities on existing utility poles third, and the construction of small wireless facility poles fourth.

The Township's priority policy for small wireless facilities is as follows:

Existing utility poles shall be the priority locations for such facilities, followed by replacement of utility poles, and followed by the construction of new small wireless facility poles.

First priority for collocation on existing utility poles and construction of new small wireless facility poles shall be first in nonresidential zones, second on Long Beach Boulevard in all zones, and third on local residential streets.

An applicant proposing any wireless communications facility at a new location shall demonstrate and document that it made its best efforts to find a collocation site and that none was available, practicable, economically feasible, or viable.

Application fees, costs, and escrows relating to wireless communications facilities outside the ROW, noncollocation, and substantial changes.

The Township may assess appropriate and reasonable application and fees directly related to the actual costs in reviewing and processing the application for approval of wireless communications facilities, as well as actual inspection, monitoring, and related costs, as set by resolution. The Township may also impose and require escrow fees for the payment of actual fees and costs, as the Township deems appropriate by way of resolution.

Retention of experts and costs. The Township and the Land Use Board may use and/or hire any consultants, engineers, attorneys, and/or experts to assist with the review and application for approval of wireless communications facilities, and, following approval, assist with the review and evaluation of any potential violations. The applicant and/or owner of the wireless communications facility shall reimburse the Township and the Land Use Board for all costs of the foregoing activities.

Application fees and costs relating to wireless communications facilities inside the ROW, collocation, and nonsubstantial changes.

All applications shall be accompanied by a fee directly related to a reasonable approximation of the Township's costs reasonably incurred as a direct result of the application and which fee shall be set at $500 for an application including one to five location sites and $100 for each additional location site.

In addition to other fees provided herein, every wireless communications facility in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, if any, including, but not limited to, the costs of the administration and performance of all review, inspection, supervision, and other ROW management activities by the Township. The owner of each wireless communications facility shall pay an annual fee to compensate the Township for the Township's costs incurred, if any. The annual ROW management fee for wireless communications facilities shall be determined by the Township and authorized by resolution. Unless otherwise permitted by law, the annual fee shall be set at $270 for each site in the ROW.

Application requirements for the construction and/or installation of all wireless communications facilities that constitute a new tower and tower-based wireless communications facility, noncollocation, and/or substantial changes to non-small wireless facility wireless communications facilities.

Except as otherwise provided, no wireless communications facilities shall be constructed, erected, or substantially changed unless site plan approval and any and all applicable variances are obtained from the Land Use Board.

This section shall not apply to existing utility poles, the replacement of utility poles, and new utility poles in the ROW and the construction of small wireless facility poles in the ROW. The foregoing does not constitute towers or tower-based wireless communications facilities.

The following provisions shall apply to applications for such approval:

Applications for site plans along with any required variances shall be subject to the procedures and requirements of the Municipal Land Use Law and the Township Code, § 164-1 et seq., except as modified herein.

In granting site plan approval or a variance, the Land Use Board may impose additional conditions consistent with federal and state law to the extent the Land Use Board concludes such are necessary to minimize any adverse effect of the proposed wireless communications facility on adjoining properties.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer of the state.

An applicant for site plan approval or a variance shall submit the information required, a nonrefundable application fee, and an escrow deposit.

Any tower shall be designed and constructed so as to accommodate at least four antenna arrays of separate wireless communications providers, where such accommodation is technically feasible.

In addition to any and all information required for applications for site plan approval or a variance pursuant to the Township Code, applicants for approval for the construction or installation of wireless communications facilities shall submit all of the items identified on the application checklist, along with the following information before the application is certified as complete.

A completed proscribed application and application checklist for proposed wireless communications facilities.

The identity of the owner of the property, structure, and/or building and a copy of the lease (with confidential or proprietary information redacted), proof of ownership and authority, and deed for the property.

A scaled site plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, and other information as required by the Township Code, or as required by the Township or Board Engineer, to enable comprehensive review of the application.

Survey of the property, including a letter of interpretation from the state Department of Environmental Protection, signed and sealed by a land surveyor licensed in the state, dated no earlier than 12 months prior to the date of the application.

The separation distance between the proposed wireless communications facility and the nearest residential unit and/or residentially zoned property and boundary line.

The separation distance from other wireless communications facilities described in the inventory of existing sites shall be shown on an updated site plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).

A landscape plan showing specific landscape materials and precise locations of proposed landscaping improvements, including, but not limited to, species type, size, spacing, other landscape features, and existing vegetation to be retained, removed, or replaced, which shall be certified by a licensed engineer or certified landscape architect.

An environmental-impact study.

A plan evidencing compliance with the applicable requirements, including, but not limited to, the architecture, stealth technology requirements, aesthetics, color, camouflage, landscaping, and fencing.

A written report of the feasible location(s) of future wireless communications facilities that may be erected by the applicant within the Township based upon existing physical engineering, technological, or geographical limitations in the event the proposed wireless communications facility is erected.

(l)

A visual study, including photographic or topographic plans, identifying a line-of-sight analysis detailing the view of the proposed wireless communications facility from various directions and angles from adjacent areas within a 750-foot radius of the proposed wireless communications facility. The analysis shall be utilized to determine buffer requirements.

(m)

Documentation of the results of the crane test, including a line-of-sight survey and photographic result of the crane test with regard to the potential visual and aesthetic impacts of the proposed tower. Such documentation must establish the zone of visibility of the proposed tower.

(n)

Photo-simulations of any proposed tower, which shall include at least one photo-simulation from at least four angles of view of the tower (from the north, east, south and west), taken from ground level at the property line of the proposed site of any tower. Photo-simulations presented to the approving authority shall be in color and a minimum of eight inches by 11 inches in size.

(o)

Documentary and expert evidence regarding the need for the wireless communications facility, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the facility at a particular location within the Township. The evidence shall include a report of the radio frequency engineering analysis of the search area for the wireless communications facility.

(p)

A report from a qualified expert certifying that the wireless communications facility complies with the latest structural and wind loading requirements as set forth in the requirements as set forth in the International Building Code, New Jersey state edition, as amended, or the applicable New Jersey structural and wind requirements, including a description of the number and type of antennas it is designed to accommodate.

(q)

A statement by the applicant demonstrating whether construction of the wireless communications facility will accommodate collocation of additional antennas for future users. If so, a letter of commitment by the applicant to lease the excess space on wireless communications facility to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to the issuance of a building permit. The letter shall commit the tower owner and all successors in interest.

(r)

Elevations of all existing and proposed structures generally depicting all existing and proposed antennas, towers, platforms, finish materials, as well as all other accessory equipment.

(s)

An inventory of the applicant's existing wireless communications facilities or sites approved for towers or antennas within the jurisdiction of the Township and within three miles of the proposed site, including specific information about the location, height, and design of each wireless communications facility. The Township and the Land Use Board may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate wireless communications facilities within the jurisdiction of the Township; provided, however, that the Township and Land Use Board are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(t)

Identification of the entities providing the backhaul network for the wireless communications facility described in the application and other wireless communications facilities owned or operated by the applicant in the Township.

(u)

Detailed and certified engineering plans of the wireless communications facility proposed and any and all related equipment.

(v)

Fully executed indemnification and hold harmless agreements prepared by the Township, which are provided with the application package.

(w)

Documentation that the existing vegetation, trees, and shrubs located within proximity to the wireless communications facility structure shall be preserved to the maximum extent possible.

(x)

A soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the wireless communications support structure and anchors, if used.

(y)

Documentation of compliance with all of the applicable requirements of the Township Code.

Review of applications for the construction and/or installation of all wireless communications facilities that constitute a new tower and tower-based wireless communications facility, noncollocation, and/or substantial changes to non-small wireless facility wireless communications facilities.

Time frame for review. The Land Use Board shall render a decision on an application within 150 days of receipt of a complete application.

Incomplete applications. The Land Use Board may toll the 150-day time frame set by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Township Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The 150-day time frame shall begin again upon receipt of the supplemental submission.

Subsequent incomplete applications. The Land Use Board may thereafter toll the 150-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.

Failure to act. If the Land Use Board does not approve or deny an application within 150 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Land Use Board in writing that the review period has expired. Upon the Land Use Board's receipt of this notice from the applicant, the application shall be deemed granted.

Application requirements for new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.

An application for development to construct and/or install new wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities shall not be subject to site plan review, provided the application meets the following requirements:

If collocation to or nonsubstantial change to an existing wireless communications support structure, the existing structure shall have been previously granted all necessary approvals by the appropriate approving authority.

If construction and/or installation of a new small wireless facility pole in the ROW for the purpose of siting small wireless facilities in the ROW, the new structure shall obtain all necessary approvals by the appropriate approving authority.

The proposed application satisfies the federal and state requirements to meet the standards for collocation.

The proposed collocation and/or change complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to N.J.S.A. 40:55D-1 et seq., or any other applicable law, rule, or regulation.

Complies with all applicable requirements of the Township Code.

Each application shall be limited to a request to construct and/or install a total of one wireless communications facility that constitutes new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.

All applications shall be submitted to the Municipal Clerk on the proscribed application and checklist form(s) and shall include the following information.

A completed application and application checklist.

A statement and supporting proofs that the application qualifies as new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.

The identity of the owner of the property, structure, and/or building and proof of approval to use the site and compliance with N.J.S.A. 48:3-18.

Proof of all consents required by federal, state, and local law and regulations, including N.J.S.A. 48:17-8.

Certification that the applicant possesses the legal authority to construct, collocate, and/or change the wireless communications support structure, which may include approvals from the jurisdiction authorizing the initial placement of the wireless communications support structure and transmission equipment.

Fully-executed indemnification and hold harmless agreements.

A scaled location plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, and other information as required by the Township Code, or as required by the Township to enable comprehensive review of the application.

The separation distance from other wireless communications facilities shall be shown on a location plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing wireless communications support structure(s) and the owner/operator of wireless communications support structure(s) within one mile.

A description of the type and quantity of equipment to be installed and the number and size of any equipment cabinets to be installed.

A description of any excavation required.

A description of any change in wireless communications support structure height and/or width as a result of the proposed collocation, removal, or replacement.

(l)

A plan evidencing the development's compliance with the applicable requirements, including, but not limited to, the architecture, aesthetics, color, and use of stealth technology.

(m)

A written report of the suitability or nonsuitability of the use of existing wireless communications facilities or other structures for services to be provided through the use of the proposed new wireless communications facility, including certification from a structural engineer that the existing or new utility pole is structurally suitable and safe for new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.

(n)

A report from a qualified expert certifying that the wireless communications facility complies with the latest structural and wind-loading requirements as set forth in the International Building Code, New Jersey state edition, as amended, or the applicable New Jersey structural and wind requirements, including a description of the number and type of antennas it is designed to accommodate.

(o)

(p)

Elevations of all proposed wireless communications facilities generally depicting all existing and proposed antennas, wireless communications support structures, platforms and finish materials, as well as all other accessory equipment.

(q)

An inventory of its existing wireless communications facilities or sites approved for wireless communications support structures or antennas within the jurisdiction of the Township.

(r)

Documentation of compliance with all of the applicable requirements of the Township Code.

Review of applications for the new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.

Initial review. The Board of Commissioners shall review the application and advise the applicant within 30 days as to whether the Township deems that the application is subject to these or other regulations. If compliance with other subsections are deemed to be required, the applicant shall proceed in accordance with the applicable regulations.

Time frame for review. The Board of Commissioners shall review and approve or deny the application within 90 days of receipt. This ninety-day period may be extended by mutual agreement of the Township and the applicant.

Incomplete applications. The Board of Commissioners may toll the ninety-day time frame by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The ninety-day time frame shall begin again upon receipt of the supplemental submission.

Subsequent incomplete applications. The Board of Commissioners may thereafter toll the ninety-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.

Complete applications. The Board of Commissioners shall, within the ninety-day time frame, approve all complete applications for the construction and/or installation of all wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities and that do not otherwise violate applicable health, safety, and other requirements set forth in this section. If the Board of Commissioners determines that an application fails to comply with this section, it shall notify the applicant of same in writing. If applicable, the Board of Commissioners shall advise the applicant to initiate the applicable process.

Applications on improper towers. Notwithstanding the foregoing, the Board of Commissioners is not obligated to approve an application for new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, and nonsubstantial changes to non-small wireless facilities on a wireless communications support structure or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.

Failure to act. If the Board of Commissioners does not approve or deny an application for the construction and/or installation of all wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities within 90 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Board of Commissioners in writing that the review period has expired. Upon the Board of Commissioners receipt of this notice from the applicant, the application shall be deemed granted.

Notwithstanding any other regulation to the contrary, the Board of Commissioners may relax any requirement, at its sole and absolute discretion for any or no reason.

[Added 2-3-2020 by Ord. No. 20-06C]

Application requirements for collocation and nonsubstantial changes to small wireless facilities.

An application for collocation and nonsubstantial changes to small wireless facilities shall not be subject to site plan review and shall not require compliance with Subsection J, provided the application meets the following requirements.

The proposed application satisfies the federal and state requirements to meet the standards for collocation.

Each application shall be limited to a request to construct and/or install a total of 10 wireless communications facilities that constitute collocation and nonsubstantial changes to small wireless facilities.

All applications shall be submitted to the Municipal Clerk on the proscribed application and checklist form(s) and shall include the following information:

A completed application and application checklist.

A statement and supporting proofs that the application qualifies under this section.

The identity of the owner of the property, structure, and/or building and a copy of the agreement relating to N.J.S.A. 48:3-18.

Certification that the applicant possesses the legal authority to collocate and/or change the wireless communications support structure, which may include approvals from the jurisdiction authorizing the initial placement of the wireless communications support structure and transmission equipment.

Fully executed indemnification and hold harmless agreements prepared by the Township, which are provided with the application package.

The separation distance from other wireless communications facilities described in the inventory of existing sites shall be shown on an updated location plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing wireless communications support structure(s) and the owner/operator of wireless communications support structure(s).

A description of the type and quantity of equipment to be installed and the number and size of any equipment cabinets to be installed.

A description of any excavation required.

A description of any change in wireless communications support structure height and/or width as a result of the proposed collocation, removal, or replacement.

A plan evidencing the development's compliance with the applicable requirements, including, but not limited to, the architecture, aesthetics, color, and use of stealth technology.

Elevations of all proposed wireless communications facilities generally depicting all existing and proposed antennas, wireless communications support structures, platforms, finish materials, as well as all other accessory equipment.

(p)

An inventory of its existing wireless communications facilities or sites approved for wireless communications support structures or antennas within the jurisdiction of the Township.

[Amended 12-2-2019 by Ord. No. 19-28C]

(q)

Documentation of compliance with all of the applicable requirements of the Township Code.

Review of applications that constitute collocation and nonsubstantial changes to small wireless facilities.

Initial review. The Board of Commissioners shall review the application with consultation with the Township Engineer, the Township Attorney, and any other consultants and/or experts deemed necessary to determine whether the application qualifies as a request for collocation, whether the change proposed is nonsubstantial. The Board of Commissioners shall review the application and advise the applicant within 30 days as to whether Township deems that site plan approval by the Land Use Board or compliance with Subsection J are required. If site plan approval or compliance with Subsection J are deemed to be required, the applicant shall proceed in accordance with the applicable regulations.

Time frame for review. The Board of Commissioners shall review and approve or deny the application within 60 days of receipt. This sixty-day period may be extended by mutual agreement of the Township and the applicant.

Incomplete applications. The Board of Commissioners may toll the sixty-day time frame by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The sixty-day time frame shall begin again upon receipt of the supplemental submission.

Subsequent incomplete applications. The Board of Commissioners may thereafter toll the sixty-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.

Complete applications. The Board of Commissioners shall, within the sixty-day time frame, approve all complete applications for the collocation and nonsubstantial changes to small wireless facilities and that do not otherwise violate applicable health, safety, and other requirements set forth in this section. If the Board of Commissioners determines that an application fails to comply with this section, it shall notify the applicant of same in writing. If applicable, the Board of Commissioners shall advise the applicant to initiate the applicable process.

Applications on improper towers. Notwithstanding the foregoing, the Board of Commissioners is not obligated to approve an application for small wireless facilities, collocation, removal, or replacement of equipment on a wireless communications support structure or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.

Failure to act. If the Board of Commissioners does not approve or deny an application for collocation and nonsubstantial changes to small wireless facilities within 60 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Board of Commissioners in writing that the review period has expired. Upon the Board of Commissioners' receipt of this notice from the applicant, the application shall be deemed granted.

Notwithstanding any other regulation to the contrary, the Board of Commissioners may relax any requirement, at its sole and absolute discretion for any or no reason.

[Added 2-3-2020 by Ord. No. 20-06C]

General requirements for the construction and/or installation of all wireless communications facilities that constitute a new tower and tower-based wireless communications facility, noncollocation, and/or substantial changes to wireless communications facilities.

Uniform Construction Code; safety standards; standard of care. Wireless communications facilities shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, foundation, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute ("ANSI") Code, National Electrical Safety Code, National Electrical Code, the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Township Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Collocation. An application shall not be approved unless the Land Use Board finds that the wireless communications equipment cannot be accommodated on an existing or approved structure or building. Any application shall include a comprehensive inventory of all existing towers and other suitable structures within a three-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Wind. Wireless communications support structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association.

Height. Wireless communications facilities shall be designed at the minimum functional height and shall not exceed a maximum total height of 100 feet, which height shall include all subsequent additions or alterations. All applicants must submit documentation to the Land Use Board justifying the total height of the structure.

Public safety communications. No wireless communications facilities shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Wireless communications facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents;

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents; and

Except in the case of documented emergencies, five-day written notice of any and all maintenance activities shall be provided to the Chief of Police and the Department of Public Works. Written notice of emergencies and documented proof of same shall be provided to the Chief of Police and the Department of Public Works as soon as practicable, but in no case more than 48 hours from the date of emergency.

Radio frequency emissions. No wireless communications facility shall, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Identification. All wireless communications facilities shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval of the Land Use Board.

(9)

Lighting. Wireless communications facilities shall not be artificially lighted, except as required by law and as may be approved by the Land Use Board. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(10)

Appearance and visual compatibility requirements.

All wireless communications support structures and facilities shall be located, designed, and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of the latest stealth technology, including color and camouflaging, architectural treatment, landscaping, and other available means, considering the need to be compatible with neighboring residences and the character of the community. The wireless communications facility shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.

Any height increases to an existing tower-based wireless communications facility shall require prior approval of the Land Use Board. The Land Use Board shall have the discretion to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.

Wireless communications facilities shall be designed structurally, electrically, and in all respects to accommodate both the wireless communications facility applicant's antennas and comparable antennas for future users.

Towers shall either maintain a galvanized steel finish or be painted a neutral color, and employ stealth technology so as to reduce visual obtrusiveness.

At the wireless communications equipment building, the design of the buildings and related structures shall, to the extent possible, use materials, colors, tenures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding buildings.

All wireless communications support structures shall be designed to preserve scenic vistas and views of the Atlantic Ocean, Barnegat Bay, Little Egg Harbor, all Inlets, cultural and history landmarks, and unique geographic and topographic features. Natural features such as trees, views, natural terrain, open waters, and natural drainage ridge lines shall be preserved whenever possible in locating and designing a tower. Towers shall further be designed and located to minimize impact on open space and Green Acres properties.

Any and all buildings or structures relating to the wireless communications support structures shall be located, designed, and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of stealth technology.

Any and all buildings or structures relating to the wireless communications support structures shall not contain more than 1,600 square feet of gross floor area or be more than 15 feet in height.

Equipment storage buildings or cabinets shall comply with all applicable zoning and building codes.

The wireless communications equipment building shall not exceed 10 feet for flat roofs or 15 feet for pitched roofs, which shall have a minimum vertical rise of 6 inches for every 12 inches of horizontal run, and the building must blend architecturally with any existing building on the property. Pitched roofs shall be permitted only where the applicant is proposing a structure designed to blend with the local architectural context.

When a location out of the view from off-tract properties is not possible, appropriate foundation planting shall be provided outside the wireless telecommunications equipment building.

(l)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required:

Wireless communications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(m)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the approving authority if the goals of this section would be better served thereby. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(n)

An individual wireless carrier shall not occupy more than 400 square feet of the equipment building.

(11)

Noise. Wireless communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(12)

Aviation safety. Wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.

(13)

Nonconforming uses. Nonconforming wireless communications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of the Township Code.

(14)

Removal. In the event that use of a wireless communications facility is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned based wireless communications facilities or portions of based wireless communications facilities shall be removed as follows:

All unused or abandoned wireless communications facilities and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

If the wireless communications facility and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the wireless communications facility and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner.

Any unused portions of the wireless communications facilities, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based wireless communications facility previously removed.

(15)

Additional antennas. As a condition of approval for all wireless communications facilities, the applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on the wireless communications facilities where technically and economically feasible. The owner of a tower-based wireless communications facility shall not install any additional antennas without obtaining the prior written approval as required in this section.

(16)

Environmental. Wireless communications facilities shall comply with all applicable environmental regulations.

(17)

Visual or land use impact. The Land Use Board shall have the discretion to deny an application for the construction or placement of any wireless communications facility based upon visual and/or land use impact.

(18)

Inspection. The Township shall possess the right to inspect any wireless communications facility to ensure compliance with the provisions of the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(19)

Setbacks. The following setback requirements shall apply to all towers:

Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all nonappurtenant buildings and structures to ensure public safety in the event of a collapse or fall of the tower, provided that distance is no closer than the building setback applicable to the zoning district.

Accessory buildings must satisfy the minimum zoning district setback requirements.

No tower shall exist within required buffer or conservation easement areas.

(20)

Separation distance from tower to tower. No tower shall be within 1,500 feet of another tower. Tower separation shall be measured from the base of the tower to the base of the other tower.

(21)

Insurance requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the tower-based wireless communications facility in the minimum coverage amount of $5,000,000 for any one claim and $10,000,000 for any aggregate claim. The insurance policy shall name the Township as an additional insured. The existence of any available and/or applicable insurance shall not waive or release the applicant from the obligations set forth in the required indemnification agreement included in the application.

(22)

Fence/screen.

A security fence having a maximum height of eight feet shall completely surround any tower-based wireless communications facility, guy wires, or any building housing wireless communications facility equipment.

An evergreen screen that consists of a hedge, or a row of evergreen trees, shall be located along the perimeter of the security fence.

The wireless communications facility applicant shall submit a landscape plan for review and approval by the Township Planning Commission for all proposed screening.

(23)

Accessory equipment.

Ground-mounted equipment associated to, or connected with, a tower-based wireless communications facility shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground mounted equipment shall be screened from public view using stealth technologies, as described above.

All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(24)

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based wireless communications facility. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the wireless communications facility owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

(25)

Bond. Prior to the issuance of a permit, the owner of a tower-based wireless communications facility outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in the state and maintain a bond or other form of security acceptable to the Township Attorney, in an amount of $500,000 to assure the faithful performance of the terms and conditions of the Township Code and as a guarantee that no such installation or equipment exceeds or will exceed the allowable FCC limits for radio frequency emissions and radiation exposure to the general public. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township and the bond shall be held and maintained during the entire period of the owner's operation of each wireless communications facility.

(26)

Indemnification. All applicants shall be required to execute an indemnification agreement in the form required and pursuant to which the owner shall agree to defend, hold harmless, and indemnify the Township, its officers, employees, agents, attorneys, volunteers, and independent contractors to the fullest extent under the law.

General requirements for new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, nonsubstantial changes to non-small wireless facilities, and the collocation of and nonsubstantial changes to small wireless facilities.

Time, place and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless communications facilities based on public safety, traffic management, physical burden on the ROW, public health, welfare, and safety, and related considerations.

Small wireless facilities, collocation, and nonsubstantial changes to wireless communications facilities shall be limited to the placement of wireless communications on utility poles and small wireless facility poles inside the ROW.

No small wireless facility poles shall include any visible exterior lighting of any kind.

All ROW regulations shall apply to all entities and applicants, regardless of whether the ROW is owned and/or controlled by the county or the state.

The collocation of small wireless facilities on utility poles in the ROW, the replacement of utility poles to site small wireless facilities in the ROW, and the construction of new small wireless facility poles in the ROW for the purpose of siting small wireless facilities in the ROW shall not constitute towers or tower-based wireless communications facilities and shall comply with the applicable regulations and the following.

No utility poles or small wireless facility poles, inclusive of any and all antennas and equipment, shall exceed 40 feet in height.

No new small wireless facility poles constructed for the purpose of siting small wireless facilities in the ROW shall be placed within 300 feet of any other existing utility pole that supports a small wireless facility or any other small wireless facility pole. The Board of Commissioners may relax this requirement, at its sole and absolute discretion for any or no reason, to 200 feet.

The siting of new small wireless facility poles shall not be greater than five feet from the point where the shared property line between two properties and the ROW intersect. Small wireless facilities in the ROW may be sited by way of replacement utility poles within 10 feet in nonresidential zones and five feet in residential zones from the point of the preexisting utility pole that shall be replaced. All small wireless facilities, including the foregoing, shall be only permitted in the ROW by co-location on existing utility poles or replacement of existing utility poles in all zones if within 15 feet from the point where the shared property line between two properties and the ROW intersect. In addition, the following regulations shall further apply.

[Amended 2-3-2020 by Ord. No. 20-06C; 4-6-2020 by Ord. No. 20-11C; 8-2-2021 by Ord. No. 21-22C]

No replacement utility pole shall be located closer to any type of residential dwelling than the existing utility pole being replaced.

No small wireless facilities of any kind in the ROW, including those installed by new small wireless facility poles, replacement utility poles, and co-location shall be permitted within 25 feet of any type of residential dwelling.

Where the applicant has demonstrated that an existing utility pole can be used, the antennas shall be mounted to the existing pole in a manner that preserves the structural integrity and aesthetics of the pole.

The replacement of existing utility poles and siting of small wireless facility poles shall comply with all applicable federal, state, and local laws and regulations, including N.J.S.A. 48:17-8.

Replacement utility poles shall be fabricated using the same materials as the pole to be replaced, shall be the same diameter, and shall be placed in the same location.

Unless otherwise permitted by the Board of Commissioners, at its discretion, new small wireless facility poles shall be fabricated using the same materials as the existing, neighboring utility poles.

Panel antennas are not permitted unless the applicant provides evidence that establishes a cylindrical antenna or antennas are not technically feasible.

Only one omnidirectional (rod or canister) antenna and four directional antenna panels shall be permitted per utility pole and small wireless facility pole. No omnidirectional antenna shall be permitted to exceed eight feet in height and the width of the pole by more than a total of six inches. No directional antenna panel shall be permitted to exceed two feet in width, eight feet in height, and nine inches deep. No parabolic (disc) antennae shall be permitted on any utility pole or small wireless facility pole.

[Amended 2-3-2020 by Ord. No. 20-06C]

One remote radio head (RRH) or remote radio unit (RRU) shall be permitted on each utility pole or small wireless facility pole. An RRH and RRU is not considered an antenna.

The diameter of small wireless facility poles shall be limited to 4.5 feet.

Small wireless facility poles shall be set back from curbs, offset from driveways, offset from trees, and shall not be located within 10 feet of any energized line.

Except as otherwise provided in Subsection O(5)(b) for small wireless facilities, no wireless communications facilities, including small wireless facilities, shall be located within 300 feet of any other wireless communications facilities.

All ground-level cabinets for wireless communications facilities shall comply with the following:

No ground-level cabinets shall be permitted in any residential zone.

Permitted ground-level cabinets shall:

Be less than 28 cubic feet in volume;

Not be sited in any sight triangle and shall not inhibit sight at any intersection;

Be located greater than 18 inches of the face of a curb; and

[4]

Allow sufficient room for the public to pass and repass across the ROW and sidewalks.

Pole-mounted antennas and cabinets shall comply with the following:

Pole-mounted antennas are permitted on utility poles and small wireless facility poles in all zones, provided that each:

Does not exceed 3 cubic feet in volume;

Not be sited in any sight triangle and shall not inhibit pedestrian and vehicular sight lines at any intersection; and

Allows sufficient room for the public to pass and repass across the ROW and sidewalks.

Pole-mounted cabinets are permitted on small wireless facility poles and utility poles, provided that each:

Does not exceed 16 cubic feet;

Not be sited in any sight triangle and shall not inhibit sight at any intersection;

Allows sufficient room for the public to pass and repass across the ROW and sidewalks, does not diminish the usability of the sidewalks, and otherwise does not obstruct, impede, or hinder the usual travel or public safety on the ROW;

[4]

Is installed at least eight feet above the ground, and, if any wireless facilities or equipment are projecting toward the street or sidewalk, the base of the attachment shall be installed no less than 17 feet above the street or sidewalk;

[5]

No protrusion from the outer circumference of the pole shall be more than 18 inches;

[6]

Is limited to a total volume of all installed equipment external to the pole (including, but not limited to, cabinets, vaults, boxes, and antennas) that does not exceed 28 cubic feet, which maximum applies to all equipment installed at the time of the original application and includes any equipment to be installed at a future date.

(9)

Uniform Construction Code; safety standards; standard of care. Any wireless communications facility shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of ANSI, National Electrical Safety Code, National Electrical Code, the state Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Township Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in Township.

(10)

Wind. Wireless communications facilities shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association.

(11)

Public safety communications. Wireless communications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(12)

Aviation safety. Wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.

(13)

Radio frequency emissions or radiation. Wireless communications facilities shall not, by themselves or in conjunction with other wireless communications facilities, generate radio frequency emissions or radiation in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(14)

Design and new technology. All wireless communications facilities shall comply with the requirements of Chapter 81.[1]

Editor's Note: See Ch. 81, Design Guidelines for Public Right-of-Way.

(15)

Separation; separation distance from wireless communications facilities and antennas. Except as otherwise provided in Subsection O(5)(b) for small wireless facilities, no wireless communications facility or antenna shall be within 300 feet of another. The separation shall be measured from the base of the utility pole and/or small wireless facility pole to the base of the other utility pole and/or small wireless facility pole.

(16)

(17)

Historic buildings or districts. No wireless communications facility may be located within 150 feet of any building or structure that is listed on either the National or state Register of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township as being of historic significance.

(18)

Visual impact and safety. The Township reserves the right to deny an application for the construction or placement of any wireless communications facilities based upon visual and/or land use impact and require design modification as a precondition to approval. No wireless communications facility shall be permitted in any sight triangle or otherwise interfere with sight lines and/or the public health, welfare, and safety.

(19)

Removal. In the event that use of the wireless communications facility is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless communications facilities or portions of wireless communications facilities shall be removed as follows:

All abandoned or unused collocation of and changes to wireless communications facilities and accessory equipment shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township;

If the wireless communications facilities and accessory equipment is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the wireless communications facilities and/or associated equipment may be removed by the Township and the cost of removal assessed against the owner.

(20)

Maintenance. The following maintenance requirements shall apply:

Wireless communications facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of Township's residents;

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents; and

(21)

Bond. Upon approval of the application and prior to the issuance of a permit, the owner of each wireless communications facility shall, at its own cost and expense, obtain from a surety licensed to do business in the state and maintain a bond, or other form of security acceptable to the Township Attorney, in an amount of $10,000 for each such wireless communications facility to assure the faithful performance of the terms and conditions of the Township Code and as a guarantee that no such installation or equipment exceeds or will exceed the allowable FCC limits for radio frequency emissions and radiation exposure to the general public. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township, and the bond shall be held and maintained during the entire period of the owner's operation of each wireless communications facility.

(22)

Inspection. The Township shall possess the right to inspect any wireless communications facility to ensure compliance. The Township and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(23)

Insurance requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the wireless communications facility in the minimum coverage amount of $2,000,000 for any one claim and $3,000,000 for any aggregate claim for each wireless communications facility location. The insurance policy shall name the Township as an additional insured. The existence of any available and/or applicable insurance shall not waive or release the applicant from the obligations set forth in the required indemnification agreement included in the application.

(24)

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a utility-pole-based wireless communications facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless communications facility when the Township, consistent with its police powers and applicable regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Township or other public improvement in the ROW;

The operations of the Township or other governmental entity in the ROW;

Vacation of a street or road or the release of a utility easement; and/or

An emergency as determined by the Township.

Existing nonconforming wireless communications facilities. Nonconforming wireless communications facilities, antennas, and/or wireless communications support structures that are damaged or destroyed may not be rebuilt without first obtaining the appropriate approval from the appropriate approving authority and without having to meet the requirements of the Township Code.

Annual recertification requirements for all wireless communications facilities. All wireless communications facilities shall comply with the following annual recertification requirements:

Each year on July 1, the owner shall submit an affidavit which shall list all active wireless communications facilities it owns within the Township by location and certifying that:

The required insurance is maintained and provide a copy of the certificate of insurance per installation; and

Certify that each wireless communications facility has been inspected for safety and found to be in sound working condition and in compliance with all federal safety regulations concerning radio frequency exposure limits.

The Township shall have the right to employ a qualified radio frequency engineer to conduct an annual random test of wireless communications facilities to ensure their compliance with all FCC radio-frequency emission limits as they pertain to exposure to the general public. The cost of such tests shall be paid by the owner of the wireless communications facilities.

In the event that such independent tests reveal that a wireless communications facility is emitting radio frequency emissions or radiation in excess of FCC exposure guidelines as they pertain to the general public, the Township shall notify the owner and all residents living within 1,500 feet of the wireless communications facility of the violation, and the owner shall have 48 hours to bring the wireless communications facility into compliance. Failure to bring the wireless communications facility into compliance shall result in the forfeiture of the bond, and the Town shall have the right to:

Terminate the approval; and/or

Require the removal of such wireless communications facilities in the sole discretion of the Township.

The owner shall pay an annual fee set forth in Subsection G(2) per active wireless communications facility.

Any wireless communications facility that is no longer in use shall be removed by the owner within 60 days of submission of the annual recertification affidavit, at the owner's expense.

Any wireless communications facility that is not removed within 60 days after being listed as no longer in use in the annual recertification affidavit shall be subject to a fine of $100 per day until such installation is removed.

Where such annual recertification has not been timely submitted, or equipment no longer in use has not been removed within the required sixty-day period, no further applications for wireless communications facilities shall be accepted until such time as the annual recertification has been submitted and all fees and fines paid.

Nonpermitted installations. Any wireless communications facilities constructed, erected, modified or enhanced prior to the issuance of the required approval set forth in this chapter shall be removed prior to the submission of an application. No consideration of any application for a wireless communications facility shall be made, and no so-called "shot clock" for approval shall commence while such unauthorized installations remain.

Enforcement, violations, and penalties.

A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this chapter.

A violation of this section shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.

Miscellaneous.

§ 205-40 Recreational vehicle parks and mobile home parks.

Police Powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen, or impair the lawful police powers vested in the Township under applicable federal, state, and local laws and regulations.

§ 205-39 Fire hydrant locations.

[Added 12-16-2019 by Ord. No. 19-30C]

All fire hydrants shall be installed in a location approved by the Township Engineer in compliance with §§ 176-15K and 172-19C. In order to provide fire-department access, a clear area of three feet in all directions from the center line of the hydrant must be maintained for all new and existing fire hydrants.

[Added 11-2-2020 by Ord. No. 20-25C]

Location of mobile homes and recreational vehicles. Inhabited mobile homes, except as provided by N.J.S.A. 40:55D-104, and recreational vehicles shall be located only in licensed parks. Uninhabited mobile homes shall be located only in licensed parks or upon land located in the business zone whereon motor vehicles or mobile home sales agencies are maintained and operated. Except as otherwise provided by Chapter 193, uninhabited recreational vehicles shall be located only in licensed parks during the time period set forth in B(3) above or upon land located in the business zone whereon motor vehicles or mobile home sales agencies are maintained and operated.

All mobile homes located pursuant to N.J.S.A. 40:55D-104 shall comply with all regulations applicable to the construction and siting of single-family residential structures.

Limitations. Except for lawful, preexisting RV and mobile home parks, all parks shall be located in the marine commercial zone. A maximum of four parks (mobile home and RV parks together) shall be permitted. No parks shall be permitted to include both mobile homes and recreational vehicles. Only mobile homes shall be permitted at mobile home parks. Only recreational vehicles shall be permitted at RV parks. No motor homes, trailers, tent campers, pickup campers, van-type campers, or tents are permitted as living quarters at any RV or mobile home park.